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CONTINENTAL CONTRACTORS, INC. v. THORUP

No. 17285.

578 S.W.2d 864 (1979)

CONTINENTAL CONTRACTORS, INC., et al., Appellants, v. Paul THORUP, d/b/a P & S Construction Specialists, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

March 1, 1979.

Attorney(s) appearing for the Case

Paul C. Murphy, III, Huntsville, Winstead, McGuire, Sechrest & Trimble, J. Robert Fisher, Dallas, for appellants.

Davis, Davis, Durham & Schulze, E. M. Schulze, Jr., Huntsville, for appellee.

EVANS, Justice.

The plaintiff, a concrete subcontractor doing business as P & S Construction Specialists, brought this action against two defendants, Continental Contractors, Inc., the prime contractor, and Balboa Insurance Company, the surety on Continental Contractors' payment bond, to recover for labor and materials supplied in connection with a public drainage project in Huntsville, Texas. The defendant, Continental Contractors, filed a counterclaim seeking...

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