McElhose v. Universal Surety Co.

This is an action by Gordon McElhose against Universal Surety Company to recover the, rental due for the use of two caterpillar tractors under the provisions of a public works bond furnished by Universal. On a trial to the court, a jury having been waived, the trial court found for the plaintiff in the amount of $7,500 and costs, including an attorney’s fee of $1,500. Universal has appealed to this court.

The evidence shows that from May to August 1965, Blacktop, Inc., was a general contractor with the State of Nebraska on a road construction project in Cedar County. The project undertaken by…