Tapping v. McIntosh

—It seems to me that the declaration in this case was sufficient to withstand a general demurrer such as was sustained by the trial judge.

The declaration sets out the terms of a building contract between plaintiff and McIntosh, the contractor. The contractor was to construct a building for plaintiff under the contract, plans and specifications, and the United States Fidelity and Guaranty Company became surety on a bond which was given by the contractor to save harmless the plaintiff in the event McIntosh failed to construct the dwelling in accordance with the plans and specifications attached…