City of Hillsboro ex rel Lenchitsky Heating & Air Conditioning, Inc. v. Maintenance & Construction Service, Inc.

In this action on a- surety performance bond, in which plaintiff prevailed, the sole issue on appeal is the trial court’s refusal to allow “plaintiff’s Motion for Reconsideration of Allowance of Attorney Fees.”

Shortly after the trial, plaintiff submitted to the court a proposed judgment which provided the court with a blank space in which to set forth the amount of attorney fees it deemed reasonable. Filed with the proposed judgment was a “Bill of Disbursements” which did not include an item for attorney fees. On February 2, 1973, defendants objected as follows:

“1. There was no stipulation…