Macaluso v. Thibodeaux

HAMITER, Justice.

Damages in the sum of $31,420, plus attorneys’ fees and penalties, were demanded in this action for the alleged breach of a building contract to make changes and improvements to a dwelling owned by plaintiff. Named as defendants were the contractor, Harris I. Thibodeaux, the surety, London Guarantee and Accident Company, Ltd., and a subcontractor, Abry Bros., a partnership which had subcontracted a portion of the work (these are sometimes referred to hereinafter as contractor, surety, and subcontractor, respectively) .

In a written contract of date September 15, 1950',…