Fidelity & Deposit Co. of Maryland v. Industrial Handling Engineers, Inc.

TUNKS, Chief Justice.

This is a mechanic and materialman’s lien case. A nonjury trial resulted in a judgment in favor of the mechanic and materialman, who was a subcontractor, against the original contractor’s bonding company. The appellant, who was defendant in the trial court, is Fidelity & Deposit Company of Maryland, hereinafter called “Fidelity”. The appellee, who was plaintiff in the trial court, is Industrial Handling Engineers, Inc., hereinafter called “Industrial”. All reference herein to statutes by number are references to Vernon’s Texas Revised Civil Statutes Annotated.

Green…