Frye v. Appleby Water Supply Corp.

MOORE, Justice.

Appellee, Appleby Water Supply Corporation, instituted suit against appellant, John A. Frye, d/b/a Frye Drilling Company (Frye), and Fidelity and Deposit Corporation of Maryland, the surety on Frye’s performance bond, seeking damages for the breach of certain warranties contained in a contract in which Frye agreed to drill a water well for appellee. As grounds for a cause of action appellee alleged that under the terms of the contract Frye warranted that the well would produce 200 gallons of water per minute with less than one ounce of sand per 100 gallons of water during the…