City of Olivette v. United States Casualty Co.

DOERNER, Commissioner.

This appeal involves a cross-claim by United States Casualty Company, the surety on a performance bond, to recover from the remaining principal, Jerry Kaiser, the amount of $3705 which the surety paid to the obligee, City of Olivette, together with attorney’s fees and expenses of $1565.78 expended by the surety, or a total of $5,-334.68. At the close of the surety’s evidence the court sustained the motion of the principal to dismiss the surety’s cross-claim and entered judgment in favor of the principal, from which judgment the surety has appealed.

The bond was executed…