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TRINITY UNIVERSAL INS. CO. v. PONSFORD BROTHERS

No. 5798.

414 S.W.2d 16 (1967)

TRINITY UNIVERSAL INSURANCE COMPANY, Appellant, v. PONSFORD BROTHERS, a Co-Partnership, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied April 19, 1967.

Attorney(s) appearing for the Case

Kemp, Smith, Brown, Goggin & White and William J. Derrick, El Paso, for appellant.

Scott, Hulse, Marshall & Feuille and George W. Finger, El Paso, for appellee.

OPINION

FRASER, Chief Justice.

On July 31, 1961, a corporation known as Dallas Building, Inc. (hereinafter described as "Dallas") had been awarded the contract to construct what is known as the Sun Bowl Stadium in El Paso. Trinity Universal Insurance Company had executed both payment and performance bonds for Dallas in favor of El Paso County. In other words, Trinity was surety for both the performance, and payment for the construction, of the Sun Bowl Stadium...

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