Klimek v. Continental Insurance

This controversy, which is before us for the second time, arises out of a contract for the sale of standing timber entered into on June 6, 1979, between the Klimeks,1 sellers, and Burdett, Gedymin, Smith and Brannon, purchasers. The Continental Insurance Company, as surety, executed a performance bond on behalf of purchasers. The issues in this appeal relate to the propriety of summary judgment entered against Continental on Klimeks’ action against it on the performance bond, the rate of interest on the judgment and the amount of attorney fees awarded to Klimeks against Continental. We…