INSTA/COM, INC. v. AETNA CAS. & SUR. CO.

No. 20050.

589 S.W.2d 494 (1979)

INSTA/COM, INC., Appellant, v. AETNA CASUALTY AND SURETY COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

September 24, 1979.


Attorney(s) appearing for the Case

R. Hunter Summers, Hewett, Johnson, Swanson & Barbee, Dallas, for appellant.

Robert M. Greenberg, Dallas, for appellee.

Before GUITTARD, C. J., and ROBERTSON and CARVER, JJ.


ROBERTSON, Justice.

This is a suit on a surety bond. Appellant Insta/Com, Inc. sued appellee Aetna Casualty and Surety Company as surety and N. R. Sullivan, d/b/a Sullivan Trucking Company, as principal, for $2,999.35. Trial was to the court which entered a judgment against Aetna for $341.80, but denied recovery for the default of Sullivan occurring after December 1975. Subsequently, Insta/Com took a non-suit against Sullivan. We modify the judgment to allow recovery...

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