UNITED STATES FIDELITY & G. CO. v. PARKER BROS. & CO.

No. 15422.

437 S.W.2d 880 (1969)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. PARKER BROTHERS & CO., Inc., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied March 6, 1969.


Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, Tom Connally, Sandra Foster, Houston, for appellant.

Patrick Oxford, Houston, Bracewell & Patterson, Houston, of counsel, for appellee.


PEDEN, Justice.

This is an appeal from the granting of a summary judgment in favor of a supplier of materials to a public work project against the surety for the prime contractor on a payment bond issued pursuant to the McGregor Act, Article 5160, Vernon's Annotated Texas Civil Statutes. A default judgment had earlier been obtained by the supplier against the prime contractor.

Appellant's only point of error is that the trial court erred in granting appellee...

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