[Download] "City of Orange v. Fidelity & Deposit Co." by United States Court Of Appeals Fifth Circuit. # Book PDF Kindle ePub Free
eBook details
- Title: City of Orange v. Fidelity & Deposit Co.
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 02, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Article 5160 of the Revised Civil Statutes of Texas, Vernons Ann.Civ.St. art. 5160, provides that all monies due a contractor after completion of a contract for public work must be held by the public authority concerned until satisfactory evidence is submitted showing that all bills for labor and material provided under the contract are paid. Here the City of Orange paid a road contractor, International Engineering Company, in full after completion of its contract but before the ninety days given materialmen under Article 5160 to file their claims had elapsed. Subsequently two materialmen, the Sabine Supply Company and Harding and Lawler, timely and properly filed their claims, and the appellee herein, being the surety on the contractors bond, was forced to pay the materialmen after International Engineering Company became insolvent. In an action by the surety against the Appellant, City of Orange, the court below held that the City of Orange must reimburse the surety.