Jagoe Const. Co. v. United States Fidelity & Guaranty Co.

SHORT. Presiding Judge.

This suit had for its basis in the pleadings an application for the issuance of a writ of temporary injunction, which was thereafter, upon a hearing, dissolved by the trial court, whose judgment was thereafter affirmed by the Court of Civil Appeals at Texarkana, 38 S.W.(2d) 824. The Supreme Court granted the application on the first assignment therein, which reads as follows:

“The liability of the principal to his surety arises solely by reason of the contract implied by law from the request made by the principal to his surety for his signature; and since the appellant…