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TRANSAMERICA INSURANCE CO. v. TEXAS WARRANT CO.

No. 11421.

405 S.W.2d 66 (1966)

TRANSAMERICA INSURANCE COMPANY, Appellant, v. TEXAS WARRANT COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 13, 1966.

Attorney(s) appearing for the Case

Wiley & Thornton, Dayton G. Wiley, P. Sam Gross, Jr., Allen Lewin Plunkett, San Antonio, for appellant.

Kuykendall & Kuykendall, A. T. Mullins, Austin, for appellee.

ARCHER, Chief Justice.

This suit was filed by Transamerica Insurance Company, as surety for Jack Collins Construction Company, to recover the balance of the contract price on a State construction project it bonded. The contract balance which it seeks to recover was allegedly paid to Texas Warrant Company, an assignee of such bonded contractor, instead of to said contractor's surety. Facts were developed by stipulations and...

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