Legal Opinion

Texas Glass & Paint Co. v. Southwestern Iron Co.

Court of Appeals of Texas

Decided April 4, 1912PublishedCited by 17 opinions

Appeal from District Court, Tarrant County; W. T. Simmons, Judge. Action by the Southwestern Iron Company against J. D. Turner and another, in which the Texas Glass & Paint Company intervened and asked for relief similar to the relief demanded by plaintiff. From a judgment granting relief to plaintiff and inter-vener, defendant the Adams-Simpson Lumber Company and the intervener appeal, and plaintiff assigns cross-assignments.

1Opinion of the Court

On December 10, 1909, 3. D. Turner entered into a written contract by which he agreed to furnish the material and construct for J. C. Crowdus a two-story brick building in the city of Ft. Worth. The consideration was $8,905, to be paid as the work progressed on certificates of the supervising architect. Contemporaneously with the making of this contract, Turner, with the appellant Adams-Simpson Lumber Company as the surety thereon, executed the following bond: "Know all men by these presents: That we, J. D. Turner and Adams-Simpson Lumber Company, of the city of Ft. Worth, county of Tarrant,…

2Cases cited5 opinions

  1. Thomas Lonergan v. San Antonio Trust Co.Texas Supreme Court · 1907
  2. Moore v. HanscomTexas Supreme Court · 1908
  3. Berry v. McAdamsTexas Supreme Court · 1900
  4. Beilharz v. IllingsworthCourt of Appeals of Texas · 1910
  5. Republic Guaranty & Surety Co. v. Wm. Cameron & Co.Court of Appeals of Texas · 1912

3Cited by17 opinions

  1. General Bonding & Casualty Ins. Co. v. Waples Lumber Co.Court of Appeals of Texas · 1915
  2. Texas Glass & Paint Co. v. CrowdusTexas Supreme Court · 1917
  3. United States Fidelity & Guaranty Co. v. ThomasCourt of Appeals of Texas · 1913
  4. Gordon-Jones Const. Co. v. WelderCourt of Appeals of Texas · 1918
  5. First Nat. Bank of Kosse v. ShawCourt of Appeals of Texas · 1924

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