Hastings v. American General Insurance Co.

BARROW, Chief Justice.

Appellee, Allen Keller Company (Keller), was the general contractor for the construction of a section of Interstate 10 near Kerr-ville, and appellee, General American Insurance Company (Surety), was surety on its statutory payment and performance bonds given pursuant to Art. 5160, Tex.Rev.Civ. Stat.Ann. (1971). Keller had a subcontract with Mac Ramsey to place base material on the roadway. Ramsey entered into a contract in November 1974 with appellant (Hastings) whereby Hastings agreed to furnish trucks and drivers to haul the material from a stockpile to where it was…