LANDER v. PHOENIX INDEM. CO.

No. 3676.

329 S.W.2d 951 (1959)

Traylor LANDER, Appellant, v. PHOENIX INDEMNITY COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 17, 1959.


Attorney(s) appearing for the Case

Daugherty, Bruner, Kelsoe & Thorp, Dallas, for appellant.

Bailey, Shaw & Williams and James A. Williams, Dallas, for appellee.


TIREY, Justice.

Appellee grounded its cause of action on a contract of suretyship evidenced by a contract between appellee and appellant whereby appellee bound itself to be surety on appellant's bond for certain construction work to be done in Louisiana and known as contract No. 4619. The controlling factual situation does not yield to a simple statement. At the conclusion of the evidence appellee presented its motion for instructed verdict, which was overruled; thereafter...

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