Devun v. Erny

GARRISON, Judge.

This is an appeal from a judgment of the district court dated December 2, 1983, granting Continental Insurance Company’s exception of no cause of action. From that judgment, which we reverse Story Development Corporation appeals.

Continental issued a performance bond in favor of the mortgage lender, St. Bernard Bank & Trust and Story Development Company. Continental bound itself as surety for C&C Construction Company pursuant to an April 30,1979 contract between Story and C&C. Under the contract, C&C Construction Company was responsible for:

“... curbing, grubbing, excavating,…