Simon v. Ætna Casualty & Surety Co.

The opinion of the Court was delivered by

Mr. Justice Stabeer.

This is an action for damages, and arises out of default on a building contract entered into between the plaintiff, Simon, as owner of the building, and J. Archie Willis & Co., as contractor; the defendant, ¿Etna Casualty & Insurance Company, having the contract to indemnify the owner against loss. Suit was commenced on October 2, 1926. against both the contractor and the surety company.

The complaint alleges that, on August 4, 1925, Willis & Co. contracted to erect for the plaintiff, for a consideration of $32,000, a two-story…