City of Midland v. Waller

GRIFFIN, Justice.

The City of Midland, Texas, as plaintiff, brought this suit against Leonard E. Waller, a general contractor, hereinafter called contractor, and Travelers Indemnity Company, hereinafter referred to as surety, the contractor’s surety on a performance bond, to recover damages for breach of a contract for the construction of a municipal swimming pool. In the trial court contractor and surety each moved for a summary judgment. The trial court granted the motions and entered a judgment that the City take nothing by its suits against contractor and surety. On appeal this judgment…