J. W. Thompson Co. v. Welles Products Corp.

The opinion of the court was delivered by

McFarland, J.:

In this action plaintiff, J. W. Thompson Company (Thompson), seeks to recover the selling price of certain *504component parts it supplied which were utilized by defendant Penta Construction Company, Inc., (Penta) in the latter’s completion of a construction contract of a public works project. Liability is predicated upon Penta’s payment bond filed pursuant to K.S.A. 60-1111, and, alternatively, upon a theory of unjust enrichment. The district court held in favor of Thompson, and Penta and Federal Insurance Company (Federal) appeal therefrom.

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