Fidelity Union Casualty Co. v. State

On Motion for Rehearing.

The judgment of the trial court, in accordance with our original opinion, was reversed and judgment was rendered that appellee take nothing herein. Appellee has filed an earnest motion for rehearing, duly verified, in which it shows that the plans and specifications, which by the terms of the contract between the contractor, Hull, and appellee, were made a part thereof, contained the following provisions:

“9.10. Partial Payments. At the earliest possible date after the 1st day of each month, the engineer will make current estimate in writing of the materials in place…