Bruce Campbell & Son Construction Co. v. Britton Drive, Inc.

HALL, Justice.

Britton Drive, Inc., (hereinafter “Brit-ton”), brought this suit in Potter County against Bruce Campbell And Son Construction Co., Inc., (“Campbell”), and Transamer-ica Insurance Company (“Transamerica”), pleading that Campbell agreed in writing to construct an apartment complex in Amarillo, Texas, for Britton, and “to repair and make good” free of cost to Britton any defect or fault in construction discovered within one year after completion of the work; that Transamerica is the surety on Campbell’s performance bond; and that Campbell has failed and refused to repair defects in…