Legal Opinion

Fennell v. Trinity Portland Cement Co.

Court of Appeals of Texas

Decided March 5, 1919No. 2078PublishedCited by 15 opinions

Appeal from District Court, Grayson County ; C. T. Freeman, Judge. Action by the Trinity Portland Cement Company against J. H. Fennell and others. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtHodges, J.

In August, 1913, the city of Denison entered into a contract with the Murphy-Moulton Company to pave a portion of Gandy street in that city. Among other provisions, the contract contained the following:

“Said contractor shall furnish a bond, to he approved by the city, in the sum of twenty thousand dollars, guaranteeing that said contractor will faithfully perform the undertakings of this contract, and which bond shall also provide that said contractor shall pay for all labor and materials used in the construction of said work; and that any person so furnishing such labor or materials may have…

2Cases cited6 opinions

  1. Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
  2. Mankin v. United States Ex Rel. Ludowici-Celadon Co.Supreme Court of the United States · 1910
  3. Texas Glass & Paint Co. v. CrowdusTexas Supreme Court · 1917
  4. Panhandle Telephone & Telegraph Co. v. Kellogg Switchboard & Supply Co.Court of Appeals of Texas · 1910
  5. Crews Williams v. Gullett Gin Co.Court of Appeals of Texas · 1916

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3Cited by15 opinions

  1. Smith v. Texas Co.Texas Commission of Appeals · 1932
  2. Texas Co. v. SchriewerCourt of Appeals of Texas · 1931
  3. Employer's Liability Assurance Corp. v. Trane Co.Texas Supreme Court · 1942
  4. Scarbrough & Davis v. CulpCourt of Appeals of Texas · 1925
  5. Lehmann Tire & Supply, Inc. v. Mashuda Construction Co.Wisconsin Supreme Court · 1961

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