United Benefit Fire Insurance Co. v. Metropolitan Plumbing Co.

LANGDON, Chief Justice.

Appellee, Metropolitan Plumbing Company, was a subcontractor in the construction of an addition to the Cooley Elementary School for the El Paso Independent School District, El Paso County, Texas. The prime contractor in such work, D. W. Austin, d/b/a Austin Construction Company, became bankrupt while owing appel-lee a balance of $3,579.40 for labor and materials furnished the school job under the terms of a lump-sum contract. Appel-lee sued the contractor’s surety, United Benefit Fire Insurance Company, upon a payment bond executed by it as surety for D. W. Austin in…