Royal Indemnity Co. v. American District Steam Co.

McCLENDON, Chief Justice.

This is a materialman’s Hen suit brought under R.C.S. art. 5160, as amended in 1929 (Acts 41 Leg. p. 481, c. 226, § 1 [Vernon’s Ann.Civ.St. art. 5160]). The suit was by the steam company (appellee), a subcontractor, against Osburn, the contractor (who has not appealed), and his bondsman, the indemnity company (appellant), for material furnished Osburn for use in completing a contract with the University of Texas to furnish the labor and material required to install a steam heating distribution system on the campus of that institution.

The appeal presents three…