Graham Construction Co. v. Robert H. Pyle, Inc.

OPINION ON MOTION FOR REHEARING

NYE, Justice.

After careful consideration of appellants’ motion for rehearing, we withdraw our opinion delivered in this cause and substitute therefor the following opinion.

This is a suit for debt due on a written contract brought by appellee Robert H. Pyle, Inc. against Graham Construction Company, the general contractor and National Surety Corporation. This case and Cause Number 278, Graham Construction Company et al. v. Walker Process Equipment, Inc. 1 were consolidated for the purposes of trial before the court sitting without a jury. However, each suit was…