Kay Pharmacal Co. v. Dalious Construction Co.

JOHNSON, V. C. J.

The parties here occupy the same relative positions as in the trial court and they will be referred to herein as they there appeared.

Plaintiff commenced this action in the Court of Common Pleas of Tulsa County, Oklahoma against the defendants as contractor and performance bondsmen, respectively, to recover the sum of $1,298 ■with interest and costs allegedly due plaintiff by reason of contractor’s faulty construction of the building. It was alleged that after plaintiff moved into the building on November 3, 1952, a controversy arose between the parties as to the condition of…