DA-COL PAINT MFG. CO. v. AMERICAN INDEMNITY CO.

No. B-4704.

517 S.W.2d 270 (1974)

DA-COL PAINT MANUFACTURING COMPANY, Petitioner, v. AMERICAN INDEMNITY COMPANY, Respondent.

Supreme Court of Texas.

December 11, 1974.


Attorney(s) appearing for the Case

Ungerman, Hill, Ungerman, Angrist, Dolginoff & Teofan, Edward S. Koppman, Dallas, for petitioner.

Strasburger, Price, Kelton, Martin & Unis, Royal H. Brin, Jr., Dallas, for respondent.


POPE, Justice.

The legal questions presented are whether a supplier of paint gave timely notice to the proper parties such as will support its claim against the surety on a Hardeman Act payment bond, and whether the claimant may recover against the surety on a bond executed by a sham contractor as principal.

Da-Col Paint Manufacturing Company instituted suit against C. Hayman Construction Company for payment for paint it delivered to Hayman. Da-Col also joined...

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