United States Fidelity & Guaranty Co. v. Parker Brothers & Co.

PEDEN, Justice.

This is an appeal from the granting of a summary judgment in favor of a supplier of materials to a public work project against the surety for the prime contractor on a payment bond issued pursuant to the McGregor Act, Article 5160, Vernon’s Annotated Texas Civil Statutes. A default judgment had earlier been obtained by the supplier against the prime contractor.

Appellant’s only point of error is that the trial court erred in granting appellee’s motion for summary judgment because the stipulated facts showed that appellee did not furnish to appellant a sworn statement of account…