New Amsterdam Casualty Company v. Allen Company

CULLEN, Commissioner.

This appeal is from a summary judgment under CR 56 entered in favor of ap-pellee, The Allen Company, Inc., in the amount of $17,584.46 against appellants, Sams, Mills and Garland Construction Company and New Amsterdam Casualty Company, for the balance due Allen for work and labor performed under a contractual agreement.

The appellant, Sams, Mills and Garland Construction Company, as general contractor undertook to surface a portion of the Richmond-Lancaster road in Madison County. This contract was let by the Department of Highways of the Commonwealth of Kentucky. The…