KEETCH METAL WORKS OF DALLAS, INC. v. YATES

No. 16332.

378 S.W.2d 122 (1964)

KEETCH METAL WORKS OF DALLAS, INC., Appellant, v. Robert B. YATES et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

April 17, 1964.


Attorney(s) appearing for the Case

McDonald, Sanders, Nichols, Wynn & Ginsburg, Fort Worth, for appellant.

Watts, Stallings & Maloney, Julian F. Foster and Woodruff, Hill, Bader & Kendall, Dallas, for appellees.


DIXON, Chief Justice.

This appeal calls on us to construe Article 5160, Vernon's Ann.Civ.St. as amended in 1959.

Keetch Metal Works of Dallas, Inc., hereinafter called Keetch, is a subcontractor under B & M Service, which company is itself a subcontractor under a prime contractor, Yates Construction Company, hereinafter called Yates. Keetch seeks to hold Yates, the prime contractor, and the surety on Yates' payment bond liable for retainage as provided...

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