East Texas Const. Co. v. Reno

CODY, Justice.

In this action appellee (plaintiff below), the owner of a Flynn Road Building Machine, sought to recover from East Texas Construction Company, Inc. rent alleged to be due and unpaid for the use of said machine. By his said action, appellee also sought to recover damages and also sought to enforce a release bond which was given by East Texas Construction Company, Inc., as principal, and by St. Paul Mercury & Indemnity Company, as surety, to the State Highway Department under the provisions of art. 5472b — 1, Vernon’s Ann.Civ.St, in order to obtain a release of funds due by the…