Missouri Court of Appeals January 24, 1978, Nos. 37770, 37771 (City of St. Louis ex rel. Esmar v. Tru-Bounce, Inc.)

STEWART, Judge.

Action by the City of St. Louis at the Relation of Patrick M. Fiandaca III, Administrator C.T.M. D.B.N. of the Estate of William Esmar, deceased (plaintiff), against Tru-Bounce, Incorporated (Tru-Bounce), and Maryland Casualty Company (Maryland) as surety for Tru-Bounce, for monies due under a contract between Tru-Bounce as general contractor and William Esmar (Esmar) as