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JOHN H. PELT CO. v. AMERICAN CAS. CO. OF READING, PA.

No. 18342.

513 S.W.2d 128 (1974)

JOHN H. PELT COMPANY, INC., Appellant, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 8, 1974.

Attorney(s) appearing for the Case

Mike M. Tabor, Blanchette, Shelton & James, Dallas, for appellant.

James A. Knox, Akin, Vial, Hamilton, Koch & Tubb, Dallas, for appellee.

GUITTARD, Justice.

John H. Pelt Company, Inc., a building contractor, sued American Casualty Company for damages resulting from defendant's repudiation of a purported performance and payment bond ostensibly executed by defendant as surety, but which defendant alleges to be a forgery. The suit was filed within two years after the repudiation, but plaintiff amended its petition more than two years after the repudiation and alleged different grounds of liability. Defendant...

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