Sherwin-Williams Co. v. American Indemnity Co.

BATEMAN, Justice.

The question here is whether appellant’s suit against appellee was barred by the statute of limitations contained in Article 5472d.1

The appellant Sherwin-Williams Company first sued Bobby Rogers, the painting subcontractor, Rowton Construction Company, the prime contractor, and Ken Row Apartments, the owner, to recover for painting materials and supplies furnished to Rogers and to the Rowton company, for attorneys’ fees, and for foreclosure of its materialmen’s lien on an apartment project.

Appellee was not named as a party and the bond sued on was not mentioned in that…