Court of Appeals of Texas December 2, 1925, No. 2559. (Southern Surety Co. v. Klein)

RANDOLPH, J.

This suit was instituted by Klein, as plaintiff, against the Southern Surety Company, as defendant, to recover on a bond given by V. E. Ware, contractor, to the city of Amarillo, which bond was signed by appellant as surety. The city of Amarillo was made a party defendant by cross-action of the surety company.