Eureka Pipe, Inc. v. Cretcher-Lynch & Co.

KENNEDY, Chief Judge.

This is an appeal from a summary judgment granted to defendants Cretcher-Lynch and Company and Ray Ritchey on two counts of a five-count petition for damages by plaintiffs Eureka Pipe, Inc., John Leath and Karen Messerli.

Eureka Pipe was in the water and sewer line construction business. In order to do business profitably, it needed a bonding capacity of 2.5 to 3 million dollars, which was considerably more than it had. Individual plaintiffs John Leath and Karen Messerli, president and vice-president respectively of Eureka Pipe, consulted with defendant Ray Ritchey, who…