Fidelity & Casualty Co. of New York v. DeLoach

HARWOOD, Justice.

This is an appeal from a judgment rendered in favor of James B. DeLoach, the plaintiff below, damage? being assessed at $2,250.

The complaint was based upon a surety undertaking entered into by the Fidelity and Casualty Company of New York, as surety, and the Lloyd A. Fry Roofing Company, as principal, by which Fry, as prinr cipal “guarantees under the conditions herein contained” that during the guaranty period it will make at its own expense any. repairs of damage caused by ordinary wear and tear by the elements on a roof installed on a building owned by DeLoch.

The surety…