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MARYLAND CASUALTY COMPANY v. BARRON-BRITTON, INC.

No. 3662.

327 S.W.2d 769 (1959)

MARYLAND CASUALTY COMPANY, Appellant, v. BARRON-BRITTON, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 15, 1959.

Attorney(s) appearing for the Case

House, Mercer & House, San Antonio, for appellant.

W. C. Davis, John M. Barron, Bryan, for appellee.

WILSON, Justice.

This case presents the question of whether appellee's claim for labor and material sufficiently meets requirements of Arts. 5160, 5453 and 5456, Vernon's Ann.Tex. Civ.Stats., as to itemization. There are no fact issues.

Appellant is the surety on the performance bond of a contractor furnishing material and labor for construction work on a city school. Appellee contracted in writing to furnish numerous items of ventilation equipment, described...

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