School District of Springfield R-12 Ex Rel. Midland Paving Co. v. Transamerica Insurance Co.
Missouri Court of Appeals
1Opinion of the Court
HOGAN, Judge.
This is a materialman’s action brought upon a public contractor’s bond. Because the performance and payment bond was executed by DeWitt-Newton (the prime contractor) pursuant to the requirement of § 107.170, RSMo 1978,1 this litigation was instituted by the obligee as provided by § 522.020, but Midland Paving Company is the real party in interest and we shall refer to Midland as the plaintiff.
Plaintiff sued the surety, defendant Transamerica. Under the provisions of Rule 52.11(a), the surety impleaded the prime contractor and a group of indemni-tors; these parties defendant in…
Also in this document: Concurrence.
2Cases cited40 opinions
- Murphy v. CarronSupreme Court of Missouri · 1976
- Prueliage v. De Seaton CorporationSupreme Court of Missouri · 1964
- Steiner v. Mobil Oil Corp.California Supreme Court · 1977
- Camdenton Consolidated School District No. 6 Ex Rel. W. H. Powell Lumber Co. v. New York Casualty Co.Supreme Court of Missouri · 1937
- Baker v. Estate of BrownSupreme Court of Missouri · 1956
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3Cited by32 opinions
- Stephen Cordry, Doing Business as Cordry Mobile Homes v. Vanderbilt Mortgage & Finance, Inc., 21st Mortgage Corporation v. Stephen CordryCourt of Appeals for the Eighth Circuit · 2006
- Rigby Corp. v. Boatmen's Bank and Trust Co.Missouri Court of Appeals · 1986
- Byrd v. BrownMissouri Court of Appeals · 1982
- Rangen, Inc. v. Valley Trout Farms, Inc.Idaho Supreme Court · 1983
- Sab Harmon Industries, Inc. v. All State Building Systems, Inc.Missouri Court of Appeals · 1987
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