Gulf Construction Co. v. Self

676 S.W.2d 624 (1984)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Gulf (D) contracted with Good Hope Chemical Corporation to construct various buildings. A performance and payment bond was executed by D with Mid Continent Casualty as surety for D. D then entered into subcontracts with Shaw Plumbing, and Calvin Self (Ps). Construction proceeded until Good Hope called a halt to the work as they could no longer pay for the work. Ps demanded payment for D and D refused. P sued D. D claimed that since Good Hope had filed for bankruptcy that D was under no obligation to pay Ps pursuant to the ninth paragraph of the subcontracts. The trial court found for Ps and D appealed.