Droemer v. Transit Mix Concrete of Gonzales, Inc.

OPINION

NYE, Justice.

This is a suit brought by the plaintiff Transit Mix Concrete of Gonzales, Inc. on a verified account for amounts allegedly due and payable under a contract to supply ready-mix concrete to the defendant Walter Droemer. The case was tried before the court without a jury. Judgment was rendered against Droemer and the Fidelity and Deposit Company of Maryland (surety on defendant’s payment bond) for the unpaid balance found to be due. The defendants have perfected this appeal.

The basic question is what was the agreed price that was to be paid for the concrete furnished by…