City of Albertville, Alabama v. United States Fidelity & Guaranty Company

RIVES, Chief Judge.

The appellee, The United States Fidelity & Guaranty Company, sued the appellant, City of Albertville, Alabama, seeking to recover $38,100 (and the interest thereon) which the appellant had withheld as liquidated damages (381 days at $100 per day) under a provision of a contract between appellant and ap-pellee’s principal requiring completion of the contract within a stated time (150 days extended to 164 days). Appellee claimed that the provision was void because it was impossible to complete the contract within the stated time. The case was tried before a jury which…