BOARD OF EDUC. EX REL. BERTOLINO v. VINCE KELLY CONST. CO.

No. 71695.

963 S.W.2d 331 (1997)

THE BOARD OF EDUCATION OF THE CITY OF ST. LOUIS, ex rel. John BERTOLINO, d/b/a Bertolino Sheet Metal Company, Plaintiff/Respondent, v. VINCE KELLY CONSTRUCTION COMPANY, INC. and Reliance Insurance Company, Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer to Denied February 9, 1998.

Application for Transfer Denied March 24, 1998.


Attorney(s) appearing for the Case

Joseph J. Porzenski, St. Charles, for appellant.

Paul E. Kovacs, St. Louis, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied February 9, 1998.

RHODES RUSSELL, Judge.

Defendant, Reliance Insurance Company ("surety") appeals from the judgment entered upon a jury verdict entered in favor of plaintiff, John Bertolino, d/b/a Bertolino Sheet Metal Company ("materialman"). At issue in this case is whether the joint check rule applies to a public contract and, if so, whether a surety was entitled to a directed verdict on a materialman...

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