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A. F. CONNER & SONS v. TRI-CTY. WATER SUPPLY

No. 4866.

541 S.W.2d 856 (1976)

A. F. CONNER & SONS, INC., Appellant, v. TRI-COUNTY WATER SUPPLY CORPORATION, Appellee.

Court of Civil Appeals of Texas, Eastland.

Supplemental Opinion September 23, 1976.

Rehearing Denied September 23, 1976.

Attorney(s) appearing for the Case

John Fulbright, Wiley Stem, Jr., Wilson, Olson, Stem & Farr, Waco, for appellant.

Leonard L. Gorin, Clark, Fisher, Gorin, McDonald & Ragland, Waco, for appellee.

McCLOUD, Chief Justice.

Tri-County Water Supply Corporation, a non-profit corporation, sued A. F. Conner & Sons, Inc., and Fidelity & Deposit Company of Maryland, the surety on Conner's performance bond, for damages resulting from Conner's failure to perform its obligations under a written contract to construct a water distribution system. The jury found that the contract was not substantially performed because Conner used material and workmanship which were...

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