Pit Construction Co. v. West Texas Equipment Co.

JOY, Justice.

This is an appeal from an order of the trial court overruling appellants’ plea of privilege. Reversed and remanded.

Appellee, West Texas Equipment Company, brought suit in the District Court of Donley County against Pit Construction Company, principal, and National Automobile and Casualty Insurance Company, surety, to recover for labor, materials and supplies furnished to Alton B. Lively, dba Lively Construction Company, an alleged subcontractor of Pit Construction Company, and used on a construction project, and for statutory attorney’s fees.

Appellants filed a plea of privilege…