K. S. Wendler Construction Co. v. Austin Mechanical Contracting Co.

PHILLIPS, Justice.

This is an appeal from an order of the trial court overruling a plea of privilege.

The appellee, Austin Mechanical Contracting Company, filed suit in the district court against K. S. Wendler Construction Company and the Fidelity and Deposit Company of Maryland.

Appellee had alleged as its cause of action against Wendler that it had furnished labor and materials to Wendler on a construction project in Mercedes, Texas, and that upon completion of the work, certain sums were still due and unpaid by Wendler to appellee.

As its cause of action against Fidelity, appellee alleged that…