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  5. 273 S.W.2d 434 (1954)
 

UNITED TILE CO. v. KERMIT INDEPENDENT SCHOOL DIST.

No. 5051.

273 S.W.2d 434 (1954)

UNITED TILE COMPANY, Inc. et al., Appellants, v. KERMIT INDEPENDENT SCHOOL DISTRICT et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied December 15, 1954.

Attorney(s) appearing for the Case

William H. Crenshaw, Perkins & Bezoni, H. J. Rucker, Midland, Klett, Bean & Evans, Chauncy Trout, Lubbock, for appellants.

Emil C. Rassman, Turpin, Kerr & Smith, Gerald Fitz-Gerald, Midland, for appellees.

HAMILTON, Chief Justice.

Appellant United Tile Company, Inc., and Architectural Stone Company brought suit against the J. G. Ryan Construction Company, contractor, Indemnity Insurance Company of North America as surety, and Kermit Independent School District as owner for the unpaid balances of their respective accounts for labor performed and materials furnished the J. G. Ryan Construction Company for use in the construction...

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