Graham v. San Antonio MacHine and Supply Corp.

CADENA, Justice.

This is an appeal from a judgment in favor of a subcontractor and the subcontractor’s materialman against a prime contractor on a public construction project and his surety on a payment bond executed in conformity with the provisions of the Mc-Gregor Act, Article 5160, Vernon’s Ann. Civ.St. (1962).

Appellant, H. Gillis Graham, d/b/a Graham Construction Company, herein called “Graham,” was the prime contractor under a contract with the Alice Water Authority for the construction of a water supply system and treatment plant in the City of Alice, Jim Wells County. Appellant…