Leatherby Ins. Co. v. City of Tustin

Opinion

McDANIEL, J.

—The controversy here before us is between a bonding company and the City of Tustin over $2,166.42 plus costs of $13 and attorneys’ fees awarded to Tustin on its cross-complaint. At issue essentially is the difference between a contract of indemnity and one of surety. In our view the trial court erred in opting to treat the contract involved as one of indemnity. The judgment will be modified therefore to reflect this view and, as modified, will be affirmed.

Going back to when the City of Tustin (Tustin) was engaged in widening First Street between the Newport Freeway and…