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STATE v. KENT NOWLIN CONST., INC.

No. 16223.

746 P.2d 645 (1987)

STATE of New Mexico, ex rel. CONCRETE SALES & EQUIPMENT RENTAL COMPANY, INC., Plaintiff-Appellee and Cross-Appellant, v. KENT NOWLIN CONSTRUCTION, INC. and Transamerica Insurance Co., Defendants-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

December 2, 1987.

Attorney(s) appearing for the Case

Downes, Comeau & Guzowski, Stephen P. Comeau, Kenneth C. Downes, Albuquerque, for defendants-appellants and cross-appellees.

Charles W. Rawson, Albuquerque, for plaintiff-appellee and cross-appellant.

OPINION

SOSA, Senior Justice.

Concrete Sales & Equipment Rental Company (C & E) sued Kent Nowlin Construction, Inc. and Transamerica Insurance Company, the surety, (Nowlin) for failure to pay money due under an agreement in which C & E supplied Nowlin with aggregate materials and chips. Nowlin counterclaimed, alleging C & E had breached its agreement by supplying materials which did not meet project specifications and by failing to provide...

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