No. 74-1421. Argued January 24, 1975. Decided February 12, 1975. Rehearing Denied March 24, 1975. Alan D. Longman, Atty., N.L.R.B. (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and William H. DuRoss, III, Atty., N.L.R.B., on the brief) for petitioner. William G. Haynes, Topeka, Kan. (Eidson, Lewis, Porter Haynes, Topeka, Kan., on the brief) for respondent. Blake, Uhlig Funk, Kansas City, Kan
Decided June 22d 1911. Builder's contracts; variation; architect's certificate. Evidence; motion to strike out; non-reversible error. Bondsmen's liability. The ruling of the lower Court upon a motion to strike out evidence presents no reversible error when the action of the Court could in no way affect the conclusion reached by the Court of Appeals. p. 537 Where a building contract called for lime-mortar plaster, the contractor's bond is not liable for damages due to the use of a different kind of