New Amsterdam Casualty Co. v. Texas Industries, Inc.

HUGHES, Justice.

The problems involved in this case are whether attorney’s fees are recoverable in a suit brought to recover on a bond executed pursuant to Art. 5160, Vernon’s Ann.Tex. Civ.St., and if so what legal services may be considered in determining such fee and whether the fee allowed in this case was established as a matter of law, this being a summary judgment proceeding.

Appellee, Texas Industries Inc., also doing business as Texcrete Structural Products Company, as a subcontractor, sued Clarence H. Everett and Company, Inc., as general contractor and its surety, New Amsterdam…