Verette v. Travelers Indemnity Co.

OPINION

BASKIN, Justice.

Upon motion for rehearing, appellants Verette and Vertex complain that we misconstrued the record in regard to our discussion of the point of error number four. Having concluded that the opinion was subject to such criticism, we withdraw our original opinion and substitute this opinion in its stead. We continue to affirm the judgment of the trial court.

This is a suit based upon breach of contract between a general construction contractor and its bonding company. Initially the Vertex Corporation, Robert Verette who owned Vertex, and Bernard Lifshultz brought an action…