BLACKMON & ASS'N, INC. v. HOUSTON MATERIALS CO.

No. 16270.

507 S.W.2d 838 (1974)

BLACKMON & ASSOCIATION, INC., et al., Appellants, v. HOUSTON MATERIALS CO., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

March 7, 1974.


Attorney(s) appearing for the Case

Christopher, Bailey & Taylor, M. Ward Bailey, Fort Worth, for appellants.

Monteith, Baring & Nester, Barney L. Knight, Houston, for appellee.


COLEMAN, Chief Justice.

This is a suit by a materialman supplying a subcontractor against an original contractor and the corporate surety on an Art. 5472d, Vernon's Ann.Civ.St. performance bond.

This case was tried to the court without a jury. Judgment was entered for the plaintiff. Findings of fact and conclusions of law were filed.

There is no evidence in the record that the materials furnished by the...

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