TRINITY UNIVERSAL INSURANCE COMPANY v. SMITHWICK

No. 15199.

222 F.2d 16 (1955)

TRINITY UNIVERSAL INSURANCE COMPANY, Appellant, v. Clyde H. SMITHWICK, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 26, 1955.


Attorney(s) appearing for the Case

William Andress, Jr., Dallas, Tex. (Jay W. Dickey, Pine Bluff, Ark., was with him on the brief), for appellant.

R. C. Limerick, Jr., Little Rock, Ark. (W. H. Rector, Little Rock, Ark., was with him on the brief), for appellee.

Before SANBORN, COLLET and VAN OOSTERHOUT, Circuit Judges.


COLLET, Circuit Judge.

Clyde H. Smithwick a sub-contractor of Lancaster and Love, Inc., recovered a judgment for the balance due on his contract with Lancaster and Love against the defendant Trinity Universal Insurance Co., a Texas corporation, which had executed a bond insuring subcontractors the amount due them from Lancaster and Love. Trinity appeals. The assignments of error require a rather detailed statement of the facts.

On April 16, 1951 the City of...

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