Old Colony Insurance Company v. City of Quitman

ASSOCIATE JUSTICE GRIFFIN

delivered the opinion of the Court.

The respondent, City of Quitman, hereinafter called “City”, brought this suit in the District Court of Wood County, Texas, against Johnny Folmar Drilling Company, Inc., and petitioner, Old Colony Insurance Company, as defendants. The City alleged that it entered into a contract with the drilling company to drill and equip a water well for a sum of money and that the insurance company was surety on the drilling company’s performance bond given to the City. City further alleged that drilling company was to drill a test well to a depth…