Cracchiolo v. Carlucci

The appellants, hereinafter called the owners, and the appellee, Joe Carlucci, hereinafter called the contractor, made a building contract on July 16,1941, for construction of a tourist court or “motel” near Tucson. The appellee, W. M. Killen, was surety on the contractor’s bond for faithful performance of the contract. The motel was to be completed in accordance with an architect’s plans and specifications on or before November 15, 1941, for a price of $39,875. In December 1941, the contractor turned the motel over to the owner, who opened the motel for business.

The contractor claimed that…