(Download) "Maryland Casualty Company v. King" by Court of Criminal Appeals of Oklahoma " Book PDF Kindle ePub Free
eBook details
- Title: Maryland Casualty Company v. King
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 23, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
2 In so far as material, plaintiff alleged in its petition that in September, 1956, it executed, as surety, a performance and maintenance bond in which Color Rite Concrete Company, a corporation, hereafter referred to as "Color Rite", was principal and Bartlesville Land and Development Co., hereafter referred to as "Land Co.", and the City of Bartlesville were obligees; that by the terms of the bond Color Rite and plaintiff "agreed to construct and maintain in good repair paving in the 5th Addition to Pennington Hills Addition to (Bartlesville) in good condition for a term of five (5) years" from date of bond; that a copy of the bond was attached to the petition as "Exhibit A"; that prior to May, 1960, the paving had deteriorated; that on said date the named obligees made demand upon Color Rite and plaintiff to comply with the provisions of the bond by repairing the paving; that Color Rite "wholly defaulted in the terms, conditions, and obligations of the bond"; that plaintiff complied with the demand; that it expended $8,794.50 in "repairing and maintaining" the paving; that defendant and Color Rite entered into a written agreement, a copy of which was attached to the petition as "Exhibit B", by the terms of which defendant agreed to furnish ready-mix concrete for use by Color Rite in performing its contract with the obligees of the bond; that defendant warranted that the concrete furnished by them would meet the specifications imposed by Bartlesville which were that the "concrete must have a minimum breaking strength of three thousand five hundred (3,500) pounds per square inch"; that the concrete furnished by defendant did not meet conditions of the specifications in that the breaking strength thereof was less than 3,000 pounds per square inch; "that it had a high and excessive amount of shale in the course aggregate, which materially weakened the structural strength of the concrete, and subjected it to rapid and accelerated deterioration"; that plaintiff was subrogated to the rights of Color Rite and Bartlesville "for the recovery of damages which they might be entitled to recover because of (defendants) breach of express warranty or implied warranty in furnishing materials for the concrete paving." In its first cause of action plaintiff sought to recover from defendant $8,749.50 as damages resulting from defendants breach of the alleged express warranty. In its second cause of action plaintiff sought to recover the mentioned amount as damages resulting from defendants alleged breach of implied warranty as to fitness of concrete furnished.