Consolidated Electrical Distributors of El Paso, Inc. v. Peinado

OPINION

WARD, Justice.

This action was brought by the plumbing subcontractor’s materialman, Consolidated Electrical Distributors of El Paso, Inc., against the general contractor, Emilio Pei-nado, who built the Fiesta Apartments in El Paso. The cause of action was based on an alleged breach of the terms of a written joint check agreement entered into between the general contractor, Peinado, the plumbing subcontractor, Barton-Moon Plumbing Company, and the materialman, Consolidated Electrical, which provided that certain checks issued by Peinado on the plumbing would be payable jointly to the…