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HONOLULU ROOFING CO. v. FELIX

No. 4481.

49 Haw. 578 (1967)

426 P.2d 298

HONOLULU ROOFING COMPANY, LTD. v. ALBERT M. FELIX, IRENE P. FELIX, EDWARD M. KIRK, AND SHUMAN LUMBER & SUPPLY CO., INC.

Supreme Court of Hawaii.

March 28, 1967.

Attorney(s) appearing for the Case

Kazuhisa Abe for Shuman Lumber & Supply Co., defendant-appellant.

L.N. Nevels, Jr. (Nevels & Chang of counsel) for Albert M. Felix and Irene P. Felix, defendants and cross-claimants-appellees.

James Wohl (W. Lawrence Clapp on the brief, Carlsmith, Carlsmith, Wichman & Case of counsel) for plaintiff-appellee.

RICHARDSON, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, J.J.

OPINION OF THE COURT BY LEWIS, J.

By this appeal, taken by defendant Shuman Lumber & Supply Co., Inc., surety on a contractor's bond, hereinafter referred to as "surety" or "Shuman," the surety (1) contests its liability to plaintiff, Honolulu Roofing Company, Ltd., which supplied materials and labor for sanding of floors, floor covering, and ceramic tile work in the construction of a residence for Albert M. Felix and his wife, hereinafter referred to as the ...

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