Louise Caroline Nursing Home, Inc. v. Dix Construction Corp.

This is an action of contract in which Louise Caroline Nursing Home, Inc. (Nursing Home) seeks damages from Dix Construction Corp. (Dix) for breach of a contract to build a nursing home, and from Reliance Insurance Company (Reliance), for its default on a surety bond guaranteeing performance by Dix. Dix filed no answer, was defaulted, and did not participate in the litigation. Reliance filed an answer and defended in its own behalf.

The case was referred to an auditor for hearing pursuant to a stipulation of the parties that his findings of fact would be final. 2 3 After hearing the parties,…