FOLTA, District Judge.
By this action plaintiff seeks to recover damages from the defendant and his surety for breach of contract for the construction of a house, the cost of which was financed by the plaintiff bank.
When the defendant's bid was accepted July 14, 1950, it was orally agreed that, pending the grant of a loan to the plaintiff and the furnishing of a bond by the defendant, work would immediately commence on the concrete basement, the cost of which...
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