Attorney(s) appearing for the Case
Fabyanske, Svoboda & Westra, M.T. Fabyanske, St. Paul, for defendant Const. Leaders, Inc., and appellant Travelers Indem. Co.
Dorsey & Whitney, Steven K. Champlin, Minneapolis, for respondent Cretex Companies.
Lang, Pauly & Gregerson, Ltd., Joseph A. Nilan, Minneapolis, for respondent Ess Bros. & Sons, Inc.
Considered and decided by the court en banc without oral argument.
Supreme Court of Minnesota.
We conclude that unpaid materialmen, plaintiff-respondents on this appeal, are not intended third-party beneficiaries under the defaulting general contractor's performance bond and, therefore, are not entitled to recover from the defendant-appellant surety. We reverse the trial court.
Northland Mortgage Company owns property in Maple Grove and Plymouth, Minnesota. It engaged defendant Construction Leaders, Inc., as its general contractor...
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