JOHNSTON v. FELKER

No. 7172.

459 S.W.2d 923 (1970)

A. R. JOHNSTON et al., Appellants, v. W. E. FELKER, d/b/a Coastal Neon & Electric Company, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied November 19, 1970.


Attorney(s) appearing for the Case

King, Sharfstein & Rienstra, Beaumont, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, for appellants.

Carruth, Gray & Doyle, George Sladczyk, Jr., Port Arthur, for appellee.


KEITH, Justice.

Fidelity and Deposit Company of Maryland (hereinafter "F&D") appeals from a judgment in favor of Felker, plaintiff below, upon the terms of a bond executed by F&D under the provisions of the Hardeman Act, Article 5472d, V.A.C.S.1 (hereinafter "Act"). Johnston was sued as an "original contractor" and F&D was joined as the surety upon the bond filed under the Act. Upon findings by the jury favorable to the plaintiff...

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