Roylex, Inc. v. S & B ENGINEERS, INC.

RAY, Justice.

This is a suit for breach of contract. Appellant (plaintiff) Roylex, Inc. (Roylex), brought suit against appellees, S & B Engineers, Inc. (S & B) and United Pacific Insurance Company (Insurance Company), to recover amounts claimed to be due and owing under the terms of a written subcontract agreement between Roylex and S & B for paving and gutter work allegedly performed by Roylex in connection with a sewerage treatment plant constructed for the City of Galveston. The Insurance Company issued the payment bond on the project. S & B asserted the affirmative defense of accord and…