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FIDELITY & DEPOSIT CO. OF MD. v. BIG THREE WELDING EQ. CO.

No. 12332.

244 S.W.2d 543 (1951)

FIDELITY & DEPOSIT CO. OF MARYLAND v. BIG THREE WELDING EQUIPMENT CO., Inc. et al.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied January 3, 1952.

Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman & Bates, Newton Gresham, and Quentin Bates, all of Houston, for appellant.

Madison Rayburn, Houston, for appellees Landry & Yeatts.

Bliss Daffan, Houston, for appellee Elgin-Butler Brick Co.

Ross, Banks & May and Geo. B. Banks, all of Houston, for appellee H. H. Robertson Co.

Harry Freeman, Houston, for Big Three Welding Equipment Co.

Bryan, Suhr & Bering, Houston (and D. E. Suhr, Houston, of counsel), for appellee Armco Drainage & Metal Products, Inc.

Delange & Hudspeth, Houston (C. M. Hudspeth, of Houston, of counsel), for appellee Shady Park Lumber Co.

Andrews, Kurth, Campbell & Bradley, Houston, for Bickley Bros.

CODY, Justice.

The Shannon Company, Incorporated (which did not appeal from the judgment rendered below), defaulted on a written contract which it had with the City of Houston, to furnish all tools, labor, material, machinery and appliances for the construction of certain public works (which contract had attached thereto detailed plans and specifications) for the agreed consideration of $91,436.53. By the terms of said contract, the Shannon Company, Incorporated obligated...

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