U.S. FIDELITY & GUAR. CO. v. BAIRD'S BREAD CO.

No. 1 CA-CIV 1671.

17 Ariz. App. 557 (1972)

499 P.2d 171

UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Appellant, v. BAIRD'S BREAD COMPANY, an Arizona corporation, Appellee.

Court of Appeals of Arizona, Division 1. Department B.

July 20, 1972.


Attorney(s) appearing for the Case

Moore, Romley, Kaplan, Robbins & Green, by Robert A. Scheffing, Phoenix, for appellant.

Carson, Messinger, Elliott, Laughlin & Ragan, by Lee R. Perry, Phoenix, for appellee.


JACOBSON, Judge.

May a surety on a contractor's bond whose statutory liability has been exhausted by a prior judgment and payment thereunder, be estopped to raise this defense on subsequent attacks on the bond? This is the question presented on this appeal.

On March 20, 1970, appellee Baird's Bread Company (Baird's) brought an action against Burleson Construction Company (Burleson) for breach of a construction contract, and against appellant U.S. Fidelity...

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