CITY ELEC. v. INDUSTRIAL INDEM. CO.

No. 18610.

683 P.2d 1053 (1984)

CITY ELECTRIC, a Utah corporation, Plaintiff, Appellant and Cross-Respondent, v. INDUSTRIAL INDEMNITY CO., a foreign corporation; and Valley Builders, a Utah corporation, Defendants, Respondents and Cross-Appellants.

Supreme Court of Utah.

April 19, 1984.


Attorney(s) appearing for the Case

Randall S. Feil, Geoffrey Heath, Salt Lake City, for plaintiff, appellant and cross-respondent.

K.L. McIff, Richfield, for defendants, respondents and cross-appellants.


HALL, Chief Justice:

This is an action under the former public contractors' bond statutes1 in which plaintiff City Electric, a material supplier, seeks recovery against a general contractor and its surety2 for the balance owing on materials and supplies alleged to have been furnished to a subcontractor.

On or about the 22nd day of August, 1979, defendant Valley Builders, Inc. (hereinafter "Valley")...

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