Morgan Warehouse & Commercial Co. v. Gilbert Mfg. Co.

BOND, Justice.

This suit was filed by appellant, Morgan Warehouse & Commercial Company, against appellees Gilbert Manufacturing Company and Hughes-O’Rourke Construction Company for damages on account of payment of a judgment rendered against it in favor of Phillip Servello, for injuries resulting from the breach of a contract of guaranty or indemnity, and for actionable negligence of - appellees by virtue of the breach. This appeal is the result of the trial court’s action in sustaining appellees’ special exceptions to appellant’s first amended petition; appellant declining to amend, the suit…