Texas Supreme Court

Trinity Universal Insurance Company, a Corporation, Petitioner v. Ponsford Brothers, a Co-Partnership, Respondent

January 17, 196811 Tex. Sup. Ct. J. 172

Summary

The Texas Supreme Court affirmed the judgment awarding Ponsford Brothers reimbursement for funds advanced to a subcontractor, but reversed the award of attorney fees. The Court held the contract was ambiguous, admitted parol evidence to resolve the ambiguity, allowed the jury to decide the parties' intent, and found that statutory attorney‑fee provisions did not apply to a party who merely advanced money.