City of Corpus Christi v. S.S. Smith & Sons Masonry, Inc.

OPINION

NYE, Chief Justice.

S.S. Smith and Sons Masonry, Incorporated, brought suit as a subcontractor against appellant, City of Corpus Christi, as owner, La-Man Constructors, Incorporated, as prime contractor, and Royal In-demity Company, as surety on La-Man’s payment bond, in connection with a construction project on a public recreation facility.

This suit arose out of a construction contract between La Man and the City for the improvement and expansion of the Meadow Park Recreation Center, owned by the City. 1 La-Man filed for bankruptcy and was dismissed from the suit. Royal Indemnity…