Metropolitan Casualty Ins. Co. of New York v. Texas Sand & Gravel Co.

ALEXANDER, Justice.

E. R. Leach entered into a contract with the state of Texas for the construction of a public highway in Ector county. He executed the statutory bond provided for in Revised Statutes, art. 5160, as amended by Acts 1929, c. 226, § 1 (Vernon’s Ann. Civ. St. art. 5160), with the United States Fidelity & Guaranty Company as surety, to secure the faithful performance of the contract. Leach sublet! the entire contract to L. A. Murdoch, who executed and delivered to Leach his bond with the Metropolitan Casualty Insurance Company of New York as surety, to insure the faithful…