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SPILLYARDS v. FERRIS BRICK COMPANY

No. 4365.

390 S.W.2d 837 (1965)

John H. SPILLYARDS and the Employer's Liability Assurance Corporation, Ltd., Appellants, v. FERRIS BRICK COMPANY, Appellee.

Court of Civil Appeals of Texas. Waco.

Rehearing Denied May 27, 1965.

Attorney(s) appearing for the Case

James E. Gleeson, Ferris, for appellants.

Spafford, Freedman, Hamlin, Gay & Whitham, Richard S. Geiger, Dallas, for appellee.

McDONALD, Chief Justice.

This is an appeal from a summary judgment for plaintiff in a suit for recovery under the terms of a Labor and Material Payment Bond.

Plaintiff Brick Company instituted this suit: against defendant Spillyards (contractor for construction of Green Funeral Home) upon a sworn account for $934.32 due for brick delivered; and against defendant Employers as surety upon a labor and material bond...

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