Equitable Surety Co. v. Mosher Mfg. Co.
Court of Appeals of Texas
Appeal from District Court, Dallas County; E. B. Muse, Judge. Suit by the Mosher Manufacturing Company against the Equitable Surety Company and another. Judgment for plaintiff, and the named defendant appeals.,
1Opinion of the CourtTalbot, J.
This suit was brought by the appellee, Mosher Manufacturing Company, against M. P. Kelley, as principal, and the appellant, Equitable Surety Company, as surety, on a bond for the erection of a courthouse for Anderson county, Tex. The case was tried on an agreed statement of facts. It was alleged and proved, in substance, that about May 20, 1913, the defendant Kelley entered into a contract in writ--ing with Anderson county to construct the Anderson county courthouse at Palestine, Tex., and complete the same at a contract price of $148,438; that on the 6th day of June, 1913, the defendant…
2Cases cited10 opinions
- National Bank of Cleburne v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1902
- General Bonding & Casualty Ins. Co. v. Waples Lumber Co.Court of Appeals of Texas · 1915
- Texas Glass & Paint Co. v. CrowdusTexas Supreme Court · 1917
- Republic Guaranty & Surety Co. v. Wm. Cameron & Co.Court of Appeals of Texas · 1912
- United States Fidelity & Guaranty Co. v. ThomasCourt of Appeals of Texas · 1913
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3Cited by2 opinions
- Mosher Mfg. Co. v. Equitable Surety Co.Texas Commission of Appeals · 1921
- First Nat. Bank of Hot Springs, N. M. v. CaplesCourt of Appeals for the Fifth Circuit · 1927