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TRINITY UNIVERSAL INSURANCE CO. v. McLENDON

No. 7642.

390 S.W.2d 399 (1965)

TRINITY UNIVERSAL INSURANCE CO., Appellant, v. George L. McLENDON, Jr., d/b/a Fort Worth Hotel Supply, Appellee.

Court of Civil Appeals of Texas. Texarkana.

Rehearing Denied May 25, 1965.

Attorney(s) appearing for the Case

L. E. Elliott, Brundidge, Fountain, Elliott & Churchill, Dallas, for appellant.

William L. Richards, Andress, Woodgate, Richards & Condos, Dallas, for appellee.

DAVIS, Justice.

Plaintiff-appellee, a subcontractor, sued Marble Construction Co., Inc., the prime contractor, and appellant, on a payment bond given under the provisions of Art. 5160, R.C.S., Vernon's Ann.Civ.St. art. 5160 for labor and material furnished by appellee to the prime contractor in the construction of a new elementary addition for the Killeen Independent School District in Bell County, Texas. The subcontract provided for installing certain cooking equipment...

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