RIVES, Circuit Judge.
Appellant, Aetna, sued appellee, Cunningham, for $32,000.00 and interest thereon from December 23, 1949, at which time Aetna issued its draft in that amount to San Antonio Independent School District to make good the failure of Cunningham to complete a building contract, on the performance bond for which Aetna had become his surety. The complaint presented two separate claims of the right to recover the same amount: First, that Cunningham had...
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