Glidden Company v. Aetna Casualty & Surety Company

Petitioners, who supplied materials to the contractor for the construction of a housing project for the Housing Authority of the City of Borger, recovered judgment in the trial court against respondent, the surety on the contractor’s performance and payment bond, for the value of all materials furnished by them. The Court of Civil Appeals concluded that the rights of the parties are governed by the provisions of Art. 5160, Texas Rev. Civ. Stat. 1925, as amended, and reformed the judgment to allow petitioners to recover only for materials which were furnished within ninety days of the filing…