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BAYSHORE CONSTRUCTORS, INC. v. SOUTHERN MONTGOMERY CTY.

No. 7804.

543 S.W.2d 898 (1976)

BAYSHORE CONSTRUCTORS, INC., et al., Appellants, v. SOUTHERN MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied December 12, 1976.

Attorney(s) appearing for the Case

William G. Lowerre, Russell Talbott, Houston, for appellants.

Ernest Coker, Jr., Stephen W. McClain, Conroe, for appellee.

DIES, Chief Justice.

The Southern Montgomery County Municipal District (Referred to herein as District) sued Bayshore Constructors, Inc. (referred to as Bayshore) along with the surety on its performance bond, Fidelity and Deposit Company of Maryland (Fidelity), for the failure of performance in the installation of water and sewer pipes and the resurfacing of roads in the Oak Ridge North Subdivision of Montgomery County, Texas. After a jury trial, judgment was given...

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