FERRIER BROTHERS v. BROWN

No. 3747.

362 S.W.2d 181 (1962)

FERRIER BROTHERS et al., Appellants, v. T. M. BROWN, Jr., et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 30, 1962.


Attorney(s) appearing for the Case

Bradbury, Tippen & Brown, Abilene, R. J. Balch, Seymour, for appellants.

McMahon, Smart, Sprain, Wilson & Camp, Abilene, for appellees.


GRISSOM, Chief Justice.

Ferrier Brothers was the prime contractor for construction of a part of Interstate Highway Number 20 around Abilene. Article 5160, known as the McGregor Act, required that they file with the State a performance bond and a payment bond. Seaboard Surety Company became Ferrier Brothers' surety on such bonds. The Browns became Ferrier Brothers' subcontractor for a portion of said work. The Browns subcontracted...

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