Gifford-Hill & Co. v. Jones

PELPHREY, Chief Justice.

During the month of' September, 1932,. the Trinity Farm Gravel Company, being; *657unable to make a bond for the performance of a road contract with the state of Texas on a project in Reeves county, through its then president, entered into a verbal agreement with the president of appellant, Gif-ford-Hill & Company, Inc., whereby it was agreed that appellant would indemnify some bonding company to act as surety for the Trinity Farm Gravel Company on the contract and for such service would receive 5 per cent, of the gross amount paid by the state. There is a conflict in the…