American Surety Co. v. Broadway Improvement & Investment Co.

Tidball, District Judge.

The parties will be referred to as in the trial court.

The plaintiff and defendant Martin Robinson made an agreement on October 25th, 1923, by the terms of which Robinson was to provide all the material and perform all the work for the construction of a one-story brick storeroom and showroom in Casper, Wyoming, for the price of $23,000.00. The contract provided that the building should be erected according to designated plans and specifications prepared by Rainwater and Epling, architects, which were made a part of the contract. The contract provided further:

“It is…