Kilsby v. Aero-Test Equipment Co.

On Rehearing.

Under appellant’s citation of cases, e.g., Tolbert v. Standard Accident Ins. Co., Tex.Civ.App., 218 S.W.2d 488, reversed on other grounds, Tex., 223 S.W.2d 617, defendant, although not actually sign*710ing the two indemnity contracts, was bound thereby as a third-party beneficiary. The parol evidence rule was therefore applicable to an oral understanding between Howard, Soder and plaintiff that, as between themselves and defendant Company, such instrument would be limited to the Daingerfield job; and properly excluded by the trial court upon objection. In support of defendant’s…