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FRYE v. APPLEBY WATER SUPPLY CORP.

No. 1376.

608 S.W.2d 798 (1980)

John A. FRYE dba Frye Drilling Company et al., Appellants, v. The APPLEBY WATER SUPPLY CORPORATION, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied December 11, 1980.

Attorney(s) appearing for the Case

Wm. R. Pemberton, J. B. Sallas, Sallas, Meriwether & Pemberton, Crockett, for appellants.

Thomas L. Belanger, Adams & Belanger, Nacogdoches, for appellee.

MOORE, Justice.

Appellee, Appleby Water Supply Corporation, instituted suit against appellant, John A. Frye, d/b/a Frye Drilling Company (Frye), and Fidelity and Deposit Corporation of Maryland, the surety on Frye's performance bond, seeking damages for the breach of certain warranties contained in a contract in which Frye agreed to drill a water well for appellee. As grounds for a cause of action appellee alleged that under the terms of the contract Frye warranted...

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