Yeargin Construction Co. v. Futren Development Corp.

BRITT, Judge.

Plaintiff’s Appeal

The sole question presented by plaintiff’s appeal is whether the trial court erred in denying plaintiff’s motion for attorneys’ fees in amount of $31,900, representing ten percent of the principal amount of the verdict. We hold that the court did not err in denying the motion.

The contract between the parties contains the following provision :

“In the event any Progress Payment or any final payment, or any part of either of same, shall not be paid when and as the same shall become due and payable as provided herein, such Progress Payment or final payment, or part…