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DROEMER v. TRANSIT MIX CONCRETE OF GONZALES, INC.

No. 537.

457 S.W.2d 332 (1970)

Walter DROEMER et al., Appellants, v. TRANSIT MIX CONCRETE OF GONZALES, INC., Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied August 18, 1970.

Attorney(s) appearing for the Case

R. L. Miller, of Miller, Vollentine & Miller, Gonzales, for appellants.

Denver E. Perkins, Gonzales, for appellee.

OPINION

NYE, Justice.

This is a suit brought by the plaintiff Transit Mix Concrete of Gonzales, Inc. on a verified account for amounts allegedly due and payable under a contract to supply ready-mix concrete to the defendant Walter Droemer. The case was tried before the court without a jury. Judgment was rendered against Droemer and the Fidelity and Deposit Company of Maryland (surety on defendant's payment bond) for the unpaid balance found to be due. The...

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