Trainor Co. v. Ætna Casualty & Surety Co.

BUFFINGTON, Circuit Judge.

In the court below the Trainor Company (hereafter called Trainor) brought suit against the ZEtna Casualty & Surety Company (hereafter called ZEtna) upon a bond given to Trainor and others by ZEtna and others, whieh bond Trainor claimed, so far as it concerned it, was breached. Jury was waived. The court made findings of fact, among which was that the bond had been breached and Trainor was entitled to damages, but it further found such damage was nominal. It therefore entered judgment in favor of Train- or for $5. Thereupon'Trainor took this appeal.

As all aspects of…