FIDELITY & DEPOSIT CO. OF MD. v. INDUSTRIAL HAND. ENG.

No. 549.

474 S.W.2d 584 (1971)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellant, v. INDUSTRIAL HANDLING ENGINEERS, INC., Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

December 15, 1971.


Attorney(s) appearing for the Case

Rufus Wallingford, Fulbright, Crooker & Jaworski, Houston, for appellant.

Ralph Carrigan, Baker & Botts, Houston, for appellee.


TUNKS, Chief Justice.

This is a mechanic and materialman's lien case. A nonjury trial resulted in a judgment in favor of the mechanic and materialman, who was a subcontractor, against the original contractor's bonding company. The appellant, who was defendant in the trial court, is Fidelity & Deposit Company of Maryland, hereinafter called "Fidelity". The appellee, who was plaintiff in the trial court, is Industrial Handling Engineers, Inc., hereinafter called...

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