Head v. City of Gainesville

WILLS ON, O. J.

(after stating the facts as above). We doubt if appellee in its petition stated a .cause of action, arising on the contract set out above, against the construction company. Of course, if it did not, the judgment should be reversed so far as it was against appellants, even if they were liable as sureties for a failure of the construction company to perform its obligation under said contract. Article 1827, Vernon’s Ann. Civ. Statutes 1918 Supp.; American Bonding & Trust Co. v. Garrett, 61 Tex. Civ. App. 454,-129 S. W. 298; Texas Auto & Supply Co. v. Magnolia Petroleum Co. (Tex.…