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SMART v. UNITED STATES FIDELITY & GUARANTY CO.

No. 5347.

513 S.W.2d 291 (1974)

Ray F. SMART et ux., Appellants, v. UNITED STATES FIDELITY & GUARANTY CO., and William D. Petty, Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearings Denied August 22, 1974.

Attorney(s) appearing for the Case

McGown, McClanahan & Hamner, San Antonio, for appellants.

C. G. House, House, Mercer, House, Brock & Wilson, San Antonio, for appellees.

OPINION

McDONALD, Chief Justice.

This case grows out of a contract by defendant Petty to construct a veterinary hospital for plaintiff Dr. Smart.

Plaintiff Dr. Smart sued defendants Petty and USF & G alleging Petty contracted to construct plaintiff a veterinary hospital on plaintiffs' land for $28,667; that USF & G executed performance and labor and material payment bonds for the job; that Petty breached the contract by pouring a defective...

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