Texas Supreme Court

New Amsterdam Casualty Company v. Texas Industries, Inc., D/b/a Texcrete Structural Products Co.

April 26, 196710 Tex. Sup. Ct. J. 357

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and held that attorney's fees are not recoverable against the surety on a payment bond. The Court reasoned that Texas law permits recovery of fees only when a statute or the contract expressly provides for them, which the payment bond and Article 2226 do not.