Indemnity Insurance v. W. L. Macatee & Sons

Mr. Judge Smedley

delivered the opinion of the Commission of Appeals, Section B.

Fred B. Chambers as principal and plaintiff in error as surety executed a bond to secure the performance by Chambers of his contract for the construction of a school building for the Houston Independent School District. The bond bound the makers to perform the building contract and to pay all subcontractors, workmen, laborers, mechanics and furnishers of material as their interests might appear. Being financially unable to meet the weekly pay rolls for labor, Chambers made an agreement with defendants in error, W.…