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HOUSTON FIRE & CASUALTY INS. CO. v. COL-TEX REFIN. CO.

No. 2806.

231 S.W.2d 468 (1950)

HOUSTON FIRE & CASUALTY INS. CO. v. COL-TEX REFINING CO.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 30, 1950.

Attorney(s) appearing for the Case

Cantey, Hanger, Johnson, Scarborough & Gooch, Fort Worth, for appellant.

Ratliff & Worrell and John H. Hall, Colorado City, for appellee.

LONG, Justice.

Plains Machinery Company, Inc., instituted this suit against Ted B. Smith, Houston Fire and Casualty Insurance Company and the State Highway Commission for labor and material furnished Ted B. Smith in constructing a farm to market road running south from the town of Merkel in Taylor County, Texas. Recovery was sought on a contract between Texas Highway Department and Ted. B. Smith, who was bonded by Houston Fire and Casualty Insurance Company. Col-Tex...

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