Monroe Hardware Co. v. Delatte

*73ON APPLICATION FOR REHEARING.

CARVER, J.

In an able brief for rehearing, counsel for -warrantor earnestly urge:

1. That the exception of no cause of action to the call in warranty should have been sustained, for three reasons, namely:

A. That the bond being in favor only of the defendant is a mere indemnity bond which cannot serve as the basis of a call in warranty, for lack of privity between plaintiff and warrantor, and on which no right of action arises until payment by defendant of the debt sued on.

B. That the call in warranty shows that defendant owes the contractor more than enough to pay…