Smith v. Torr

This action was brought by Donald Torr and Romayne Black Torr, husband and wife, here defendants in error, to recover in damages for alleged breach of a contract for construction of a house in Tulsa, Oklahoma. The contract price was in the sum of $97,710. Plaintiffs sought recovery of $17,500, naming as defendants, L. E. Smith, d/b/a L. E. Smith Construction Company, contracting builder, and United Pacific Insurance Company, a corporation, makers of a contract bond to guarantee the faithful performance of the contract between plaintiffs and Smith.

The case was tried to the court without a…