Trinity Universal Insurance Co. v. Briarcrest Country Club Corp.

OPINION

PAUL PRESSLER, Justice.

Appellant, the co-defendant and surety of Butler, Inc., appeals a summary judgment holding it liable on a performance bond. The judgment is reversed and the cause remanded for a trial on the merits.

In July of 1987, Briarcrest and Butler entered into a written contract for the construction of a new facility on Briarcrest’s premises in Bryan, Texas. Appellant was to act as surety on a performance bond in the event of default by Butler on its obligation to Briarcrest. Work was to commence “upon receipt of Building Permit plus five (5) days,” and the project was to…