Chapin & Chapin, Inc. v. Texas Sand & Gravel Co.

BOYD, Justice.

Appellee Texas Sand & Gravel Company, Inc. (“Texas Sand”) sued appellants Chapin & Chapin, Inc., Fidelity and Deposit Company of Maryland, and United States Fidelity and Guaranty Company (collectively “Chapin”) to recover money due for sand and gravel used in the construction of Interstate Highway 27 near Tulia. Following trial to a jury, the trial court granted Texas Sand’s oral motion for instructed verdict and rendered judgment against Chapin. In six points of error, Chapin contends that the trial court erred by denying leave to amend its answer, and by requiring a verified…