Maryland Casualty Co. v. Barron-Britton, Inc.

WILSON, Justice.

This case presents the question of whether appellee’s claim for labor and material sufficiently meets requirements of Arts. 5160, 5453 and 5456, Vernon’s Ann.Tex. Civ.Stats., as to itemization. There are no fact issues.

Appellant is the surety on the performance bond of a contractor furnishing material and labor for construction work on a city school. Appellee contracted in writing to furnish numerous items of ventilation equipment, described in detail in the contract, to the prime contractor, who defaulted. Appellee filed with the County Clerk an affidavit in statutory form,…