Becker Roofing Co. v. Pike

BOULDIN, Justice.

The action is to recover damages for breach of contract to cover plaintiff’s residence with Becker Roofing, with warranties of material and workmanship, and covenants to repair any leaks from “(a) Windstorm, (b) Hail, (c) Defective material, (d) Faulty workmanship.”

Count C, on which the cause was tried, was not subject to objection on the ground of departure from the original cause of action set up in count 1.

The contract was in three parts or instruments: (1) A written order for a specified roof on a specified building at a specified price, signed by the owners; (2) a…