Tremble v. Tuman

Plaintiff, the owner of land upon which the defendant Tuman had contracted to erect a building, brought this action against that contractor and against his codefendant, United States Fidelity and Guaranty Company, surety upon the undertaking given by the contractor conditioned upon the due and faithful performance of his contract.

The complaint charged a failure and breach of the contract upon the part of Tuman, an abandonment of the contract and the taking over and completion of the work by the plaintiff.

The fourteenth clause of the building contract under which the work was done made…