GRIFFIN, Justice.
The City of Midland, Texas, as plaintiff, brought this suit against Leonard E. Waller, a general contractor, hereinafter called contractor, and Travelers Indemnity Company, hereinafter referred to as surety, the contractor's surety on a performance bond, to recover damages for breach of a contract for the construction of a municipal swimming pool. In the trial court contractor and surety each moved for a summary judgment. The trial court granted...
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