Associated Indemnity Corp. v. CAT Contracting, Inc.
964 S.W.2d 276 (Tex. 1998) Cited 545 times 4 Legal AnalysesHolding that the special relationship must exist prior to, and apart from, the agreement made the basis of the suit in order to impose an informal fiduciary duty in a business transaction
Safeco Ins. Co. of America v. Gaubert
829 S.W.2d 274 (Tex. App. 1992) Cited 44 timesExplaining that a contract for indemnity is read as any other contract, such that the words and phrases in the agreement are given their "ordinary, popular, and commonly accepted meaning," and once the parties' intent is ascertained, the doctrine of strictissimi juris applies
English v. Century Ind. Co.
342 S.W.2d 366 (Tex. Civ. App. 1961) Cited 17 timesNo. 13668. January 11, 1961. Appeal from the 105th District Court, Nueces County, Edmond J. Ford, Jr., J. Mahoney Shaffer, Corpus Christi, for appellant. Fischer, Wood, Burney Nesbitt, Corpus Christi, for appellee. MURRAY, Chief Justice. This is an appeal from a judgment of the 105th District Court of Nueces County, wherein it was adjudged and decreed that plaintiff and cross-defendant, Nelson English, d/b/a Air Conditioning Engineering Company, and intervener, Ward Howe, d/b/a Ward Howe Electric
Fox v. Kroeger
119 Tex. 511 (Tex. 1931) Cited 52 timesHolding that "where the surety pays the debt of the principal, he has his election to either ... bring an action on ... the obligation implied by law ... for reimbursement by the principal; or he can prosecute an action on the very debt itself, and in either event he stands in the shoes of the original creditor"