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HOWZE v. SURETY CORP. OF AMERICA

No. B-7641.

584 S.W.2d 263 (1979)

Allen R. HOWZE et ux., Petitioners, v. SURETY CORPORATION OF AMERICA, Respondent.

Supreme Court of Texas.

Rehearing Denied July 3, 1979

Attorney(s) appearing for the Case

Howard & McDowell, Thomas D. McDowell, Corpus Christi, for petitioners.

Richard Cross, Houston, William L. Ehrle, Austin, for respondent.

GREENHILL, Chief Justice.

Surety Corporation of America ("Surety") originated this suit in Travis County seeking a declaratory judgment that it was not liable to Allen R. Howze and his wife ("Howze") on a bond it had covering a mobile home dealer with which Howze had dealt. Howze counter-claimed for the face amount of the bond. The trial court entered a take-nothing judgment against Howze. The Court of Civil Appeals affirmed the trial court's judgment holding: 1)...

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