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SELDON v. S & S AGGREGATES COMPANY

No. 4112.

410 S.W.2d 231 (1966)

W. J. SELDON et al., Appellants, v. S & S AGGREGATES COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied December 23, 1966.

Attorney(s) appearing for the Case

House, Mercer, House & Brock, R. L. House, San Antonio, Rountree, Renner & Snell, Robert B. Snell, Lamesa, for appellants.

Harris, Anderson, Henley, Shields & Rhodes, C. A. Searcy Miller, Dallas, Cayton & Gresham, Willis E. Gresham, Jr., Lamesa, for appellee.

WALTER, Justice.

S & S Aggregates Company filed suit against W. J. Seldon and Fidelity and Deposit Company pursuant to Article 5160 of the Vernon's Ann.Texas Civil Statutes, known as the McGregor Act. Seldon was the general contractor on some highway projects in Dawson County. Fidelity and Deposit was surety on his bond.

W. N. Fulfer was a subcontractor. Fulfer entered into a lease agreement with S & S for some equipment which he used on the highway...

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