DIES, Chief Justice.
The City of Houston (hereafter "City") and J. W. Construction Company (hereafter "Contractor") in April and May of 1965 entered into two contracts for the construction of storm sewers. Pursuant to Art. 5160, Vernon's Ann.Civ.St., performance and payment bonds executed by Aetna Insurance Company, as surety, were made a part of such contracts. On May 18, 1965 and on July 13, 1965, Contractor assigned to the Deer Park Bank any and all payments due...
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