Court of Civil Appeals of Texas, 1931

American Surety Co. of New York v. Axtell Co.

American Surety Co. of New York v. Axtell Co.
Court of Civil Appeals of Texas · Decided April 29, 1931 · Hall
38 S.W.2d 1110; 1931 Tex. App. LEXIS 494 (South Western Reporter, Second Series)

American Surety Co. of New York v. Axtell Co.

Opinion of the Court

HALL, C. J.

The rights of-the parties to this controversy turn upon one issue which was certified to the Supreme Court. In response to the questions involving that issue, the Commission of Appeals has held that because the Axtell Company failed to comply with the requirements of amended article 5160, Revised Statutes, it is not entitled to recover upon the bond.

It is unnecessary for us to discuss any other propositions urged, and in accordance with the answers of the Commission of Appeals, 36 S. W.(2d) 715, the judgment of the trial court is reversed and here rendered that the Axtell Company take nothing as against appellant

*1111 MEMORANDUM DECISIONS

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