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ARIZONA GUNITE BUILDERS, INC. v. CONTINENTAL CAS. CO.

No. 9659.

105 Ariz. 99 (1969)

459 P.2d 724

ARIZONA GUNITE BUILDERS, INC., an Arizona corporation, Appellant, v. CONTINENTAL CASUALTY COMPANY, a corporation, Appellee.

Supreme Court of Arizona. In Division.

October 15, 1969.

Attorney(s) appearing for the Case

Alvin Moore, Phoenix, for appellant.

Gust, Rosenfeld & Divelbess, by Fred H. Rosenfeld, Phoenix, for appellee.

McFARLAND, Justice.

The plaintiff-appellant, Arizona Gunite Builders, Inc. (Gunite) owns, operates, and rents equipment used in the performance of construction contracts. During the period of August through November 1964 it leased a welding machine and furnished labor to the defendant, Coleman Construction Co. (Coleman), demanding payment therefor in the amounts of $660 rental and $237 for labor. When satisfaction could not be obtained from Coleman, Gunite made demand...

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