Blackmon & Ass'n v. Houston Materials Co.

COLEMAN, Chief Justice.

This is a suit by a materialman supplying a subcontractor against an original contractor and the corporate surety on an Art. 5472d, Vernon’s Ann.Civ.St. performance bond.

This case was tried to the court without a jury. Judgment was entered for the plaintiff. Findings of fact and conclusions of law were filed.

There is no evidence in the record that the materials furnished by the plaintiff, Houston Materials Company, to Ed-Lee Construction Company were incorporated in the work required by the contract between the owner and the original contractor, or the contract between…