INDIANA LUMBERMEN'S MUT. INS. CO. v. STATE

No. 2-98-373-CV.

1 S.W.3d 264 (1999)

INDIANA LUMBERMEN'S MUTUAL INSURANCE COMPANY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled October 21, 1999.


Attorney(s) appearing for the Case

Ford, Yungblut, White & Salazar, P.C., Wesley C. Maness, Dallas, for Appellant.

John Cornyn, Attorney General, Andy Taylor, Linda S. Eads, Grady Click, Rodney D. Parrott, Asst. Attys. Gen., Austin, for Appellee.

Panel A: CAYCE, C.J.; DAY and DAUPHINOT, JJ.


OPINION

SAM J. DAY, Justice.

Introduction

In this appeal from an adverse judgment on two statutory performance bonds, we must decide whether an accord and satisfaction has occurred as to the disputed amounts made the basis of the underlying lawsuit. Because we conclude that an accord and satisfaction has occurred, we reverse the trial court's judgment and render judgment that the State of Texas take nothing.

Background Facts

In...

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