Rotsky v. Kelsay Lumber Co.
Texas Commission of Appeals
Error to Court of Civil Appeals of Seventh Supreme Judicial District Action by the Kelsay Lumber Company against S. Rotsky and others, others intervening. On appeal by plaintiff and others, the judgment was affirmed in part and in part reversed and rendered by the Court of Civil Appeals (178 S. W. 837), and defendant Rotsky brings error.
1Opinion of the CourtSadler, P. J.
This action was initiated by the defendant in error Kelsay Lumber *559Company to recover from S. Rotsky, as owner, and the Fidelity & Deposit Company of Maryland, as surety, an account of $3,167.65 for material furnished by it under purchase by W. H. Helm, as contractor under the owner for the erection of two buildings on lots owned by Rotsky in Fort Worth, Tex. The deposit company was sued as surety upon the bonds given by Helm to Rotsky in assurance of performance of his contract. Helm is not sued by any of the parties; there being proper allegations showing that he was dead and his estate…
2Cases cited5 opinions
- Hess & Skinner Engineering Co. v. TurneyTexas Supreme Court · 1919
- First National Bank v. Lyon-Gray Lumber Co.Texas Supreme Court · 1919
- Wilson v. Sherwin-Williams Co.Texas Supreme Court · 1919
- Nichols v. DixonTexas Supreme Court · 1905
- Kelsay Lumber Co. v. RotskyCourt of Appeals of Texas · 1915
3Cited by12 opinions
- Kirkpatrick v. Great American Ins.Court of Appeals of Texas · 1927
- Employers' Casualty Co. v. Rockwall CountyCourt of Appeals of Texas · 1927
- Eckel v. First Nat. Bank of Fort WorthCourt of Appeals of Texas · 1942
- Fidelity & Deposit Co. of Maryland v. Kelsay Lumber Co.Texas Commission of Appeals · 1930
- E. Nelson Mfg. & Lumber Co. v. RoddyCourt of Appeals of Texas · 1930
7 more not listed; retrieve them via the Exa API.