FIDELITY & DEPOSIT CO. v. BIG THREE WELDING EQUIP. CO.

No. A-3503.

249 S.W.2d 183 (1952)

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

Supreme Court of Texas.

Rehearing Denied June 18, 1952.


Attorney(s) appearing for the Case

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

Madison Rayburn, Daffen & Downman, Ross, Banks & May, Harry W. Freeman, Bryan, Suhr & Bering, DeLange & Hudspeth and Andrews, Kurth, Campbell & Bradley, all of Houston, for respondents.


WILSON, Justice.

The City of Houston entered into a construction contract with the Shannon Company, Inc., as contractor, to build a sewage treatment plant. Upon default in completion of the construction work the City of Houston took over the job and finished it. Thereafter this suit was filed for unpaid bills for material and labor furnished to the Shannon Company while it was still performing.

Art. 5160,1 V.A.C.S., required that...

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