Bearden v. Smith

DAVISON, Justice.

This is an action whereby Frank J. Bear-don, doing business as Beardon Plumbing and Heating Company, as plaintiff, seeks to recover from the defendants, Darwin C. Smith and L. E. Smith a partnership, doing business as L. E. Smith Construction Company, an alleged unpaid balance due on a contract for installation of plumbing, heating and air conditioning systems in a municipal hospital. The parties will be referred to as they appeared in the trial court.

The defendant was the general contractor for the construction of a hospital in and for the City of Woodward, Oklahoma. The…