F. & C. ENGINEERING CO. v. Moore

BARROW, Justice.

This is an appeal by F. & C. Engineering Co., Inc., and the Aetna Casualty & Surety Company, its surety, two of the defendants in the trial court, from the judgment of the District Court of Bee County in favor of W. H. Moore et al., the plaintiffs, and against the defendants, in a case tried to the court without a jury.

Plaintiffs, W. H. Moore et al., formerly doing business as Coast Materials, which at all times for the purpose of this litigation was a partnership, but for clarity and convenience will be called material-man, engaged in the business of supplying ready-mix…