TRANSAMERICA INS. CO. v. FROST NAT. BK. OF SAN ANTONIO

No. 7511.

501 S.W.2d 418 (1973)

TRANSAMERICA INSURANCE COMPANY, Appellant, v. FROST NATIONAL BANK OF SAN ANTONIO et al., Appellees.

Court of Civil Appeals of Texas, Beaumont.

October 18, 1973.


Attorney(s) appearing for the Case

Wiley, Plunkett, Gibson & Allen, San Antonio, for appellant.

Denman, Franklin & Denman, Groce, Locke & Hebdon, San Antonio, for appellees.


KEITH, Justice.

Defendant, Transamerica, appeals from a judgment awarding plaintiffs a recovery upon a trust agreement executed by the defendant and third parties.

McKenzie Construction Company (hereinafter "contractor") was engaged in work upon four large projects in several areas in Texas; and, in each instance, defendant was surety upon its performance and payment bonds on the several jobs. Before September 1, 1969, contractor became indebted to Frost National...

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