ELLIS, Judge.
This is an appeal by plaintiff H & H Sewer Systems, Inc. from a summary judgment dismissing its suit.
On April 11, 1973, James C. Plato and Douglas W. Potts, doing business as South Coastal Construction Company of Baytown, Texas, entered into a contract for the construction of a sewer system with the Town of Campti. Two performance bonds, both issued by Summit Insurance Company of New York, were furnished by the contractors. Subsequently...
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