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BEARD FAMILY PART. v. COMMERCIAL INDEM.

No. 03-01-00443-CV.

116 S.W.3d 839 (2003)

BEARD FAMILY PARTNERSHIP, Appellant, v. COMMERCIAL INDEMNITY INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Austin.

August 29, 2003.

Attorney(s) appearing for the Case

William W. Rittenhouse, William W. Rittenhouse, P.C., Austin, for appellant.

G. Stewart Whitehead, Karen G. Gantt, Winstead, Sechrest & Minick, P.C., Austin, for appellee.

Before Justices KIDD, PATTERSON and PURYEAR.

OPINION

Opinion by Justice PATTERSON.

This case involves a surety's rights and obligations under payment and performance bonds entered into pursuant to a construction contract. Appellee Commercial Indemnity Insurance Company ("Commercial Indemnity"), the surety, sued appellant Beard Family Partnership ("Beard"), the owner of land to be developed as a subdivision, for breach of contract and attorneys' fees based on Beard's failure to pay Commercial...

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