John H. Pelt Co. v. American Cas. Co. of Reading, Pa.
Court of Appeals of Texas
1Opinion of the Court
GUITTARD, Justice.
John H. Pelt Company, Inc., a building contractor, sued American Casualty Company for damages resulting from defendant’s repudiation of a purported performance and payment bond ostensibly executed by defendant as surety, but which defendant alleges to be a forgery. The suit was filed within two years after the repudiation, but plaintiff amended its petition more than two years after the repudiation and alleged different grounds of liability. Defendant moved for summary judgment on the ground that the cause of action alleged in the amended petition is barred by the two-year…
2Cases cited5 opinions
- " MOORE" BURGER, INC. v. Phillips Petroleum CompanyTexas Supreme Court · 1972
- Cooper Petroleum Co. v. LaGloria Oil and Gas Co.Texas Supreme Court · 1969
- Leonard v. Texaco, Inc.Texas Supreme Court · 1967
- 21 Turtle Creek Square, Ltd. v. New York State Teachers' Retirement SystemCourt of Appeals for the Fifth Circuit · 1970
- Nacim v. IbarraCourt of Appeals of Texas · 1958
3Cited by11 opinions
- Adams v. Petrade International, Inc., Texas Court of Appeals, 1st District (Houston)1988
- McCarthy, Lebit, Crystal & Haiman Co. v. First Union Management, Inc.Ohio Court of Appeals · 1993
- Long v. State Farm Fire & Casualty Co., Texas Court of Appeals, 1st District (Houston)1992
- Kenney v. PorterCourt of Appeals of Texas · 1980
- Meisler v. Republic of Texas Savings Ass'nCourt of Appeals of Texas · 1988
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