Taylor-Fichter Steel Construction Co. v. Fidelity & Casualty Co.

This action was brought by the plaintiff, a general contractor, against the surety of a subcontractor. The surety had given a bond conditioned on the performance of a subcontract relating to a public work in Texas. The complaint alleges a breach *236of the subcontract and damages of $75,000 are demanded against the surety.

The first defense sets up facts which if proved would lead to the legal conclusion that the subcontractor’s bid for the work had been induced by certain fraudulent misrepresentations or non-disclosures on the plaintiff’s part. The defendant also pleads that in Texas the…