Mosher Manufacturing Co. v. Texas Contract Co.

NEILL, Associate Justice.

—On May 21, 1891, the Texas Contract Company entered into a contract with Oscar Price to construct certain improvements and additions to the latter’s storehouse in the city of Terrell, Texas. As security for the performance of its contract, the company executed to Price its bond, with Abies & Walton as sureties, in the sum of $4000, conditioned that it would faithfully carry out the work under the contract, and pay all claims and liens against the premises on which the building was erected, and hold Price free from all such claims and liens.

During the process of the…