New Amsterdam Casualty Co. v. Texas Industries, Inc.

STEAKLEY, Justice.

This is a summary judgment proceeding. Respondent furnished materials used by the contractor in the construction of certain public works at Love Field Airport of the City of Dallas. Its claim therefor being unpaid, Respondent sued Clarence H. Everett & Co. Inc., the contractor to whom the materials were furnished, and Petitioner, the surety for the contractor on the payment bond executed pursuant to Article 5160, 1 commonly known as the McGregor Act. The trial court entered a joint and several summary judgment against the contractor and surety for the principal sum of…