Republic Guaranty & Surety Co. v. Wm. Cameron & Co.
Court of Appeals of Texas
Appeal from District Court, Tarrant County; W. T. Simmons, Judge. Suit by William Cameron & Company, Incorporated, against the “Republic Guaranty & Surety Company and others, in which some of defendants filed a cross-action. From a judgment for plaintiff and for defendants on the cross-action, as stated, the defendant named appeals. The suit was by appellee Wm.
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Appeal from District Court, Tarrant County; W. T. Simmons, Judge. Suit by William Cameron & Company, Incorporated, against the “Republic Guaranty & Surety Company and others, in which some of defendants filed a cross-action. From a judgment for plaintiff and for defendants on the cross-action, as stated, the defendant named appeals. The suit was by appellee Wm. Cameron & Co., Inc., against appellant and appellees J. W. Cantwell, Thomas M. Heck, Jonas E. Ulander, J. D. Buckley, and Harry Buckley. It appears from the record that on July 26, 1909, Heck and Ulander, as partners, by a contract in…
1Opinion of the CourtAvtllson, C. J.
(after stating the facts as above). [1] There is language in the bond which, if considered alone, would indicate an intent of the parties thereby to secure the payment of any and all indebtedness, without reference to whether it was in favor of parties entitled to fix liens on the property or not, which might be incurred by Heck & Ulander in carrying out their contract to construct the house. But we do not think this language should be permitted to control in the interpretation of the bond, for other language in the instrument clearly indicates that such was not the intention of the parties.…
2Cases cited5 opinions
- Gouhenant v. CockrellTexas Supreme Court · 1857
- West End Town Co. v. GriggTexas Supreme Court · 1900
- Shepherd v. CassidayTexas Supreme Court · 1857
- Swope v. StantzenbergerTexas Supreme Court · 1883
- Woolfolk v. RicketsTexas Supreme Court · 1874
3Cited by18 opinions
- General Bonding & Casualty Ins. Co. v. Waples Lumber Co.Court of Appeals of Texas · 1915
- Colleps v. George W. Smith Lumber Co.Court of Appeals of Texas · 1916
- Oak Cliff Lumber Co. v. American Indemnity Co.Court of Appeals of Texas · 1924
- United States Fidelity & Guaranty Co. v. ThomasCourt of Appeals of Texas · 1913
- Texas Glass & Paint Co. v. Southwestern Iron Co.Court of Appeals of Texas · 1912
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