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FIDELITY S & L ASS'N v. MORRISON & MILLER, INC.

No. 09-87-241-CV.

764 S.W.2d 385 (1989)

FIDELITY SAVINGS & LOAN ASSOCIATION, Appellant, v. MORRISON & MILLER, INC., Appellee.

Court of Appeals of Texas, Beaumont.

January 19, 1989.

Attorney(s) appearing for the Case

Craig H. Clendenin, Nederland, for appellant.

Jon B. Burmeister, Beaumont, for appellee.

OPINION

DIES, Chief Justice.

Morrison & Miller, Inc. (Morrison) was the general contractor for a building project owned by Washington West, Ltd. (Wash-West), a limited partnership. Wash-West defaulted on its loan from Fidelity Savings & Loan Association (Fidelity) obtained to finance the project, and Fidelity foreclosed. Morrison brought suit against Fidelity for unpaid labor and materials it provided, claiming that it was the third-party beneficiary...

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