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FIDELITY & DEP. CO. OF MARYLAND v. STOOL

No. 1351.

607 S.W.2d 17 (1980)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND; Jess Mayfield; J. L. Mayfield, Co., Inc.; et al., Appellants, v. Newsom STOOL, M. D., Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied October 23, 1980.

Attorney(s) appearing for the Case

Theo. F. Weiss, Joe Meador, San Antonio, for appellants.

James E. Aderhold, Seagal V. Wheatley, Oppenheimer, Rosenberg, Kelleher & Wheatley, Mary Elizabeth Carmody, San Antonio, for appellee.

McKAY, Justice.

On September 29, 1972, Dr. Newsom Stool entered into a standard AIA Construction Contract with Jess and Jack Mayfield d/b/a Mayfield Construction Company (hereinafter Mayfield) for the construction of a residence in San Antonio, Texas. The final contract price for the project was $120,335.00 with a time for completion of 200 days. Fidelity & Deposit Company of Maryland (hereafter F & D) issued payment and performance bonds on the project.<...

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