General Insurance Co. of America v. Smith & Wardroup, Inc.

NORTHCUTT, Justice.

This is a suit that was instituted by Smith & Wardroup, Inc., appellee, under the provisions of Article 5160 relating to the rights of persons or corporations furnishing labor or material in a contract with a state agency. Suit was against C. V. Thornton Company, Inc., the original contractors, Midland National Bank of Midland, Texas, as-signee of C. V. Thornton Company, Inc., and General Insurance Company of America and Buster Cole, who were alleged to be joint sureties on the bond of C. V. Thornton Company, Inc. Appellee, Smith & Ward-roup, Inc., alleged that it engaged…