(Download) "New Amsterdam Casualty Company v. Texas Industries" by The Texas Court of Criminal Appeals * Book PDF Kindle ePub Free
eBook details
- Title: New Amsterdam Casualty Company v. Texas Industries
- Author : The Texas Court of Criminal Appeals
- Release Date : January 26, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is a summary judgment proceeding. Respondent furnished materials used by the contractor in the construction of certain public works at Love Field Airport of the City of Dallas. Its claim therefor being unpaid, Respondent sued Clarence H. Everett & Co. Inc., the contractor to whom the materials were furnished, and Petitioner, the surety for the contractor on the payment bond executed pursuant to Article 5160, commonly known as the McGregor Act. The trial court entered a joint and several summary judgment against the contractor and surety for the principal sum of $182,919.41, for interest at six per cent per annum on the principal sum, and for attorneys fees in the sum of $19,773.62. The payment bond contained no provision for attorneys fees in event of suit and this appeal is limited to the judgment item awarding attorneys fees against Petitioner as surety on the bond. The Court of Civil Appeals upheld the recoverability of attorneys fees against the surety but reversed the judgment of the trial court and remanded the cause for the sole purpose of factually determining the amount of reasonable attorneys fees to be allowed Respondent. 408 S.W.2d 733. We hold that attorneys fees are not recoverable against Petitioner as the surety on the payment bond.