City of San Antonio v. Argonaut Insurance Co.

OPINION

BUTTS, Justice.

This is an appeal from a summary judgment entered in favor of appellee, Argonaut Insurance Company, surety for the construction of a public works project, in a breach of contract suit brought by appellant, The City of San Antonio. We affirm the judgment.

In June of 1974, appellant entered into a contract with Burtex Constructors, Inc., general contractor, for the construction of certain improvements at appellant’s Leon Creek Wastewater Treatment Plant. Pursuant to the terms of the contract, Burtex furnished appellant with a performance bond issued by appellee as surety.…