Hannah v. Stephens

NEALON, Chief Justice.

This is a second appeal of this case. The former appeal is reported in Stephens v. Hannah Const. Co. (Tex.Civ.App.) 81 S.W.(2d) 729. We quote from that opinion a brief statement of the allegations of plaintiff’s petition: “Hannah, doing business as the Hannah Construction Company, Fred Hall, and Dan Flail, individually and as partners, entered into a contract with the state of Texas- and the state highway commission to construct a section of a state highway in Hudspeth county. The Hannah Construction Company and the Hajls, as principals, and the Great American Indemnity…