Kay Pharmacal Co. v. Dalious Construction Co‪.‬

2 Plaintiff commenced this action in the Court of Common Pleas of Tulsa County, Oklahoma against the defendants as contractor and performance bondsmen, respectively, to recover the sum of $1,298 with interest and costs allegedly due plaintiff by reason of contractors faulty construction of the building. It was alleged that after plaintiff moved into the building on November 3, 1952, a controversy arose between the parties as to the condition of the building, with reference to the following items: