JOHNNY FOLMAR DRILLING COMPANY v. CITY OF QUITMAN

No. 7289.

345 S.W.2d 439 (1961)

JOHNNY FOLMAR DRILLING COMPANY, Inc., et al., Appellants, v. CITY OF QUITMAN, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied April 25, 1961.


Attorney(s) appearing for the Case

Ramey & Ramey, Sulphur Springs, Malone, Seay & Gwinn, Dallas, for appellants.

Fulton, Hancock & McClain, Gilmer, W. D. Brown, Quitman, for appellee.


FANNING, Justice.

The opinion of February 21, 1961 in this cause is withdrawn and the following opinion is substituted in lieu thereof.

The City of Quitman sued Johnny Folmar Drilling Company, Inc., and Old Colony Insurance Company as the surety on Folmar's bond, for damages sustained for breach of contract by Folmar, Inc., to drill a water well for the City of Quitman. The City of Quitman filed a motion for summary...

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