Smart v. United States Fidelity & Guaranty Co.

OPINION

McDonald, Chief Justice.

This case grows out of a contract by defendant Petty to construct a veterinary hospital for plaintiff Dr. Smart.

Plaintiff Dr. Smart sued defendants Petty and USF & G alleging Petty contracted to construct plaintiff a veterinary hospital on plaintiffs’ land for $28,667; that USF & G executed performance and labor and material payment bonds for the job; that Petty breached the contract by pouring a defective foundation (and in the wrong location); that plaintiff paid Petty $5,600; that plaintiff called on Petty to correct deficiencies and called on USF & G to…