Barraque v. Neff

O’NIELL, Chief Justice.

This is a suit against a contractor and the surety on his bond for the cost of remedying defects in a building which was constructed for the plaintiff. The judge of the district court, after hearing the evidence, rejected the plaintiff’s demand. She is appealing from the judgment.

The testimony leaves no doubt that the defects complained of — consisting mainly of cracks and leaks in the walls of the building — appeared within a very short time — and had developed into very serious defects within a year — after the building was completed. And it is virtually conceded that…