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TRINITY UNIVERSAL INS. v. BRIARCREST

No. B14-91-00089-CV.

831 S.W.2d 453 (1992)

TRINITY UNIVERSAL INSURANCE COMPANY, Appellant, v. BRIARCREST COUNTRY CLUB CORPORATION, Appellee.

Court of Appeals of Texas, Houston (14th Dist).

Rehearing Denied June 18, 1992.

Attorney(s) appearing for the Case

Robert C. Bass, Jr., Austin, for appellant.

Bill Payne, Bryan, for appellee.

Before PAUL PRESSLER, JUNELL and ELLIS, JJ.

OPINION

PAUL PRESSLER, Justice.

Appellant, the co-defendant and surety of Butler, Inc., appeals a summary judgment holding it liable on a performance bond. The judgment is reversed and the cause remanded for a trial on the merits.

In July of 1987, Briarcrest and Butler entered into a written contract for the construction of a new facility on Briarcrest's premises in Bryan, Texas. Appellant was to act as surety on a performance bond in the event of...

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