Consolidated Supply Company v. Babbitt

McQUADE, Chief Justice.

This action is for the purchase price of goods, minus credits, supplied by the plaintiff-respondent to defendant-appellant Babbitt. We affirm the judgment of the district court which granted relief to plaintiff-respondent.

Respondent Consolidated Supply Company, a wholesaler to contractors, brought this action against appellants Loyale Babbitt, a mechanical contractor, and United States Fidelity and Guaranty Company, Babbitt’s surety on a public works contract bond. It sought to collect the purchase price, minus credits, on floor drain grating supplied to Babbitt during…