City of Orange v. Fidelity & Deposit Co. Of Maryland

WRIGHT, District Judge.

Article 5160 1 of the Revised Civil Statutes of Texas, Vernon’s Ann.Civ.St. art. 5160, provides that all monies due a contractor after completion of a contract for public work must be held by the public authority concerned until satisfactory evidence is submitted showing that all bills for labor and material provided under the contract are paid. Here the City of Orange paid a road contractor, International Engineering Company, in full after completion of its contract but before the ninety days given materialmen under Article 5160 to file their claims had elapsed.…