Vern Barnett Construction Co. v. J. A. Hadley Construction Co.

J. Fred Jones, Justice.

This is an appeal by Vern Barnett Construction Company, Inc., hereinafter called Barnett, from that portion of a judgment of the Craig-head County Circuit Court which failed to award statutory penalty and attorney’s fee against Maryland Casualty Company in a suit by Barnett against J. A. Hadley Construction Company, hereinafter called Hadley, and its bondsman Maryland Casualty Company, hereinafter called Maryland. Hadley and Maryland cross appeal, on assigned error of the trial court in refusing their request to open and close the argument to the jury under the…