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MILLER-STAUCH v. WILLIAMS-BUNGART ELEC.

Nos. WD 52572, WD 52622 and WD 52661.

959 S.W.2d 490 (1998)

MILLER-STAUCH CONSTRUCTION COMPANY, Plaintiff/Respondent/Cross-Appellant, v. WILLIAMS-BUNGART ELECTRIC, INC., Defendant, and International Fidelity Insurance Company, Defendant/Appellant/Cross-Respondent.

Missouri Court of Appeals, Western District.

As Modified on Denial of Rehearing March 3, 1998.

Attorney(s) appearing for the Case

G. William Quatman, Kansas City, for Respondent/Cross-Appellant.

Robert M. Pitkin, Kansas City, for Appellant/Cross-Respondent.

Before HOWARD, P.J., and BRECKENRIDGE and HANNA, JJ.

HOWARD, Presiding Judge.

A surety appeals from a judgment in an action involving a performance bond issued by the surety for a construction project. The International Fidelity Insurance Co. ("IFIC") contends that the trial court erred by holding that the general contractor had the right to offset funds retained under a bonded subcontract against losses sustained on an unbonded purchase order. The surety also contends that the trial court made various errors in its...

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