GIVENS, Chief Justice.
Appellant sued respondent, surety for Endicott on his building contract with appellant, for damages because the cost of construction exceeded the contract price.
On demurrer, the learned trial court held the complaint did not state a cause of action, expressly did not pass on the grounds of special demurrer, and dismissed the action. The appeal is from such order of dismissal.
Respondent contends appellant's assignor had not...
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