Court of Appeals of Texas May 14, 1992, B14-91-00089-CV (Trinity Universal Insurance Co. v. Briarcrest Country Club Corp.)

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.