Case Information
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OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
SAG..
t / Honorable George 11. Sheppard
Comptroller of Public-Aaoounts
Austin* 9%x-
Dear. Mr. Sheppard t
tax contract. 17# 1940, you aavis aitiopOa that he 3hm s0mirith pay OV~P t0 tb3 ~2s COI-- loctor any moneys or coz?;lission3 p3ia him by mistake or throu$l error to vhlch ho is not cntltloa under the tarns of this contrzct; and IS the sala Mar??y Hall ~11~11 faith- fully do and perPorn mid dutlas placed upon him by snid Contract, then thLs obligation oh%11 bo null nna void, *2 Honorable qeorge Ii. Sheppard, Paae 2
otherwise to remain in full force and eff~at."
!Phe contract wa3 maaa under authority of Articles 7335 and 7335a, Vernon's CivlS Statutes. Rovhere in the statutes 13 there Sound any provision which uould cause liability under tho bond to be cxtendoa to Suture contracts, either In ths nature of rcnel?als or entirely new oontraats. The bond itself in its Oirn terms is addressed only to the original contract and tha performance of its terms by Harry Kall. 91x6 such bond does not so provide, the surety could not be held liable for tho pcrformsnce on the part of I&. Ifal. of any other contract than the orQ$.nsl.one. See American Surety Company v. Stat9 277 3. W. '790; 7 Texas Jurioprucienco p. 91; 9 C. J. p. 60. Shoe the bond approved January 24, 1939, is r.ot liable for Mr. Rall.'s performance of the roce~al contract It. follows that your question should be anslrerod in the- affirmative.
.enn R. Lwls Assistant QRL:ru
ATTORNEY GXNERAL OF TEXAS ,
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