Great American Insurance v. Fred J. Gallagher Construction Co.

HOWARD, Judge.

This is an appeal from a judgment in a declaratory judgment action instituted by appellant to determine the amount payable on a supersedeas bond.

The facts come to us by means of an agreed statement of facts signed by the parties and by the trial judge. Tucson Utilities Supplies, Inc., hereinafter referred to as Tucson Utilities, filed a suit in the trial court against Fred J. Gallagher Construction Company, hereinafter referred to as Gallagher, and Fidelity & Casualty Company of New York, hereinafter referred to as Fidelity. Gallagher filed a counterclaim against Tucson…