Houston Fire & Casualty Ins. Co. v. Col-Tex Refining Co.

LONG, Justice.

Plains Machinery Company, Inc., instituted this suit against Ted B. Smith, Houston Fire and Casualty Insurance Company and the State Highway Commission for labor and material furnished Ted B. Smith in constructing a farm to market road running south from the town of Merkel in Taylor County, Texas. Recovery was sought on a contract between Texas Highway Department and Ted B. Smith, who was bonded by Houston Fire and Casualty Insurance Company. Col-Tex Refining Company, along with a number of other claimants, intervened in the suit. Upon a trial to the court, judgment was in favor…