Cedar Vale Co-Op Exchange, Inc. v. Allen Utilities, Inc.

Meyer, J.:

This is an action by a supplier of materials against the contractor and his corporate surety on a contractor’s bond.

Defendant Allen Utilities, Inc., (Allen Utilities) contracted with the City of Peru, Kansas, for a public works project concerning sewers, sewage pumping stations, force mains, and a sewage purification plant. As required by K.S.A. 60-1111, Allen Utilities furnished what is commonly known as a contractor’s bond, with Universal Surety Company (Universal) as surety.

In furtherance of several construction projects it had in the area, Allen Utilities contracted with…