Johnston v. Felker

KEITH, Justice.

Fidelity and Deposit Company of Maryland (hereinafter “F&D”) appeals from a judgment in favor of Felker, plaintiff below, upon the terms of a bond executed by F&D under the provisions of the Harde-man Act, Article 5472d, V.A.C.S. 1 (hereinafter “Act”). Johnston was sued as an “original contractor” and F&D was joined as the surety upon the bond filed under the Act. Upon findings by the jury favorable to the plaintiff, judgment was entered against Johnston and F&D, jointly and severally, for the amount of the indebtedness and attorney’s fees. There is no complaint as to the…