Nature of the Case
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Facts
Gulf (D) contracted with Good Hope Chemical Corporation to construct various buildings. A performance and payment bond was executed by D with Mid Continent Casualty as surety for D. D then entered into subcontracts with Shaw Plumbing, and Calvin Self (Ps). Construction proceeded until Good Hope called a halt to the work as they could no longer pay for the work. Ps demanded payment for D and D refused. P sued D. D claimed that since Good Hope had filed for bankruptcy that D was under no obligation to pay Ps pursuant to the ninth paragraph of the subcontracts. The trial court found for Ps and D appealed.
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