Turner Roofing & Supply Co. v. United Pacific Insurance Co.

POPE, Justice.

This is an interpleader suit which the Edgewood Independent School District commenced against Cooley Construction Company, which contracted to build the Billy Mitchell School in San Antonio; United Pacific Insurance Company, as surety on the contractor’s performance bond; and the unpaid creditors who furnished labor and materials. The contractor defaulted on its contract and several claims against the surety were made under the provisions of Article 5160, Vernon’s Ann.Civ.Stats. Turner Roofing and Supply Company, Inc., appealed because the trial court refused to grant judgment…