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ELLIOT SHIELS PLANING MILL CO. v. AMERICAN AUTO. INS. CO.

No. 3694.

331 S.W.2d 383 (1960)

ELLIOT SHIELS PLANING MILL COMPANY, Appellant, v. AMERICAN AUTOMOBILE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied February 11, 1960.

Attorney(s) appearing for the Case

Lyne, Blanchette, Smith & Shelton, Dallas, for appellant.

Earl Luna, Dallas, for appellee.

McDONALD, Chief Justice.

This is a summary judgment case, and arose out of the same factual situation as involved in Frymire Engineering Co. v. City of Mesquite, Tex.Civ.App., 331 S.W.2d 380. The City of Mesquite contracted with Caplan & Miller for Caplan & Miller to build a fire station for the City. Caplan & Miller defaulted and the City completed the job out of the retainage. Thereafter, Frymire, a furnisher of material...

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