JACOBSON, Judge.
May a surety on a contractor's bond whose statutory liability has been exhausted by a prior judgment and payment thereunder, be estopped to raise this defense on subsequent attacks on the bond? This is the question presented on this appeal.
On March 20, 1970, appellee Baird's Bread Company (Baird's) brought an action against Burleson Construction Company (Burleson) for breach of a construction contract, and against appellant U.S. Fidelity...
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