NEW AMSTERDAM CASUALTY CO. v. TEXAS INDUSTRIES, INC.

No. B-20.

414 S.W.2d 914 (1967)

NEW AMSTERDAM CASUALTY COMPANY v. TEXAS INDUSTRIES, INC., d/b/a Texcrete Structural Products Co.

Supreme Court of Texas.

Rehearing Denied May 31, 1967.


Attorney(s) appearing for the Case

Brundridge, Fountain, Elliott & Churchill, L. E. Elliott, Dallas, for petitioner.

DeVore, Ashworth & McGahey, Philip C. McGahey, Arlington, for respondent.


STEAKLEY, Justice.

This is a summary judgment proceeding. Respondent furnished materials used by the contractor in the construction of certain public works at Love Field Airport of the City of Dallas. Its claim therefor being unpaid, Respondent sued Clarence H. Everett & Co. Inc., the contractor to whom the materials were furnished, and Petitioner, the surety for the contractor on the payment bond executed pursuant to Article 5160,1

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