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MAXSON CORP. v. GARY KING CONST. CO.

No. C8-84-1633.

363 N.W.2d 901 (1985)

The MAXSON CORPORATION, Respondent, v. GARY KING CONSTRUCTION COMPANY, Defendant, Indemnity Insurance Company of North America, Appellant.

Court of Appeals of Minnesota.

March 12, 1985.

Attorney(s) appearing for the Case

John G. Patterson, Moore, Costello & Hart, St. Paul, for respondent.

Mark Alexis Masica, Alan Stiegler, Minneapolis, for appellant.

Heard, considered and decided by SEDGWICK, P.J., and FOLEY and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

Respondent Maxson seeks to recover on a surety bond issued by appellant Indemnity Insurance Company. The trial court, interpreting the meaning of "acceptance" in Minn.Stat. § 574.31 (1982), found that respondent Maxson was entitled to summary judgment. We affirm.

FACTS

On March 23, 1982, Anoka County and Gary King Construction Company ("King") entered into a contract. King agreed to furnish labor and materials...

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