U. S. FIDELITY v. EASTERN HILLS METH. CHURCH

No. 18325.

609 S.W.2d 298 (1980)

UNITED STATES FIDELITY AND GUARANTY COMPANY v. EASTERN HILLS METHODIST CHURCH.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 18, 1980.


Attorney(s) appearing for the Case

Bailey, Williams, Westfall, Lee & Fowler, and James A. Williams, Dallas, for appellant.

Simon & Simon, and Marilyn B. Walker, Fort Worth, for appellee.

Elvin E. Tackett, Bedford, for amicus curiae.


OPINION

SPURLOCK, Justice.

Eastern Hills Methodist Church (Church) obtained a judgment against Cooley, Cooley Building and Lumber Company of Fort Worth (Contractor) and United States Fidelity and Guaranty Company (USF&G), who wrote the Cooley performance bond. This followed a jury trial. Only USF&G appealed.

We affirm.

The Church let a building contract to the Contractor to build an addition to the church. USF&G issued a performance...

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