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H. RICHARDS OIL COMPANY v. W. S. LUCKIE, INC.

No. 11293.

391 S.W.2d 135 (1965)

H. RICHARDS OIL COMPANY, Appellant, v. W. S. LUCKIE, INC., et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 9, 1965.

Attorney(s) appearing for the Case

Kuykendall & Kuykendall, F. L. Kuykendall, Austin, for appellant.

Jennings, Montgomery & Dies, Elton M. Montgomery, Graham, for appellees.

PHILLIPS, Justice.

Harry Newton, Inc. was awarded a contract by the Texas Highway Department for a construction project in Milam County, Texas. The amount involved in the contract was $982,982.27. Harry Newton, Inc. was required to execute a bond in the amount of said sum and such a bond was executed with Commonwealth Insurance Company of New York.

Later, W. S. Luckie, Inc. became a subcontractor on this project and purchased from H. Richards Oil Company gasoline...

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