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ARROWHEAD CONSTR. CO. v. ESSEX CORP.

No. 54,193

233 Kan. 241 (1983)

662 P.2d 1195

ARROWHEAD CONSTRUCTION COMPANY OF DODGE CITY, KANSAS, INC., Plaintiff, v. ESSEX CORPORATION and HERITAGE CONSTRUCTION MANAGEMENT COMPANY, Defendants, UNIVERSAL SURETY COMPANY and INLAND INSURANCE COMPANY, Defendants, Appellants and Cross-Appellees, and FRANK CROTTS and GLENN HENLEY, Defendants, Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed April 29, 1983.

Attorney(s) appearing for the Case

Patricia Rose Myers, of Reynolds, Peirce, Forker, Suter & O'Neal, of Hutchinson, and Patrick W. Kennison, of Kutak, Rock & Huie, of Omaha, Nebraska, argued the cause and Kenneth E. Peirce, of Reynolds, Peirce, Forker, Suter & O'Neal, of Hutchinson, was with him on the brief for the appellants and cross-appellees.

Scott E. Daniel, of Daniel & Daniel, of Garden City, argued the cause and was on the brief for appellees and cross-appellants.

The opinion of the court was delivered by

HERD, J.:

This is an action for breach of contract. The appeal is from the trial court's order granting judgment on the counterclaims of Frank Crotts and Glenn Henley.

A contract for the construction of a low-income housing project in Lakin is the issue from which this case arose. The original contract for the project was let to Essex Corporation as the general contractor on March 15, 1978. On March 23, 1978...

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