Jen-Mar Constr. Co. v. Brown

FINLEY, J. pro tern. *

This appeal is by defendants Brown, as principal, and United States Fire Insurance Company, as surety, from a judgment against them in favor of plaintiff Jen-Mar Construction Company for $33,262.47. JenMar also noticed an appeal from that part of the judgment “denying plaintiff’s right to recover legal fees in the amount of $12,069.76.” As part of his pleadings, Brown filed a cross-complaint which the court found to be without merit.

To simplify the discussion the parties shall be referred to as “Jen-Mar,” “Brown” and “Surety.”

Jen-Mar contracted with the U. S. Corps of…