[DOWNLOAD] "Western Casualty & Surety Co. v. Sales" by Court Of Appeals Of Kentucky # Book PDF Kindle ePub Free

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eBook details

• Title: Western Casualty & Surety Co. v. Sales
• Author : Court Of Appeals Of Kentucky
• Release Date : January 23, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

MORRIS, Commissioner. Appellee, plaintiff below, in suit instituted against Meyer Heating and Plumbing Company, Peter H. Meyer, Jr., and appellant, sought to recover for services rendered the plumbing company in the construction of buildings at Camp Atterbury, Indiana. His claim as to appellant is based on assertion that it is liable for payment for services rendered, under its guaranty contract. The case was tried before a jury, that body returning a joint verdict for $3500, upon which judgment for plaintiff was rendered. The surety appeals on the ground that it should have had a favorable peremptory instruction, since as a matter of law appellee was not entitled to recover from it any sum whatever. Cross-appeal is prosecuted on the ground that the award was inadequate. The undisputed facts show that the Meyer Company was engaged in the plumbing business in Louisville. Prior to March 1942, the Government began construction of buildings at Camp Atterbury, under general contract with A. F. Blair who subcontracted to Meyer Company the plumbing and heating. Following the practice Blair demanded, and there were executed 'pay and performance' bonds in the usual form, totaling approximately $390,000, the consideration fixed in the Blair-Meyer subcontract, with Meyer Company and Peter Meyer, Jr. principals and appellant, surety. The question presented requires quotation of only that part reading:

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