Baker v. Western Casualty & Surety Co.

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment in an action for damages for the alleged breach of a contract.

There is no substantial dispute as to the basic facts.

Inasmuch as the Bowen Construction Company is the principal party and the Western Casualty Company is an insurer raising no separate issues, it will save confusion if we treat the Bowen Construction Company as the only defendant and appellant in identifying the parties.

In the early summer of 1961, plaintiff had been an unsuccessful bidder on a state highway prime contract and contacted the…