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SHERWIN-WILLIAMS CO. v. AMERICAN INDEMNITY CO.

No. B-3944.

504 S.W.2d 400 (1973)

SHERWIN-WILLIAMS COMPANY, Petitioner, v. AMERICAN INDEMNITY COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied February 13, 1974.

Attorney(s) appearing for the Case

Callaway & Marshall, Clyde M. Marshall, Jr., Robert C. Carson, Fort Worth, for petitioner.

Harold F. Curtis, Jr., Greenville, for respondent.

McGEE, Justice.

This suit was filed by Petitioner, Sherwin-Williams Company against Ken Row Apartments, the owner, Bobby Rogers, the painting subcontractor, and Rowton Construction Company, the original contractor, to recover for painting materials and supplies furnished to Rogers and to Rowton, for attorney fees, and for foreclosure of a materialman's lien on an apartment project. By amended original petition Petitioner later joined Respondent, named as surety on...

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