Quintin Vespa Co. Inc. v. Construction Service Co.

These are cross-actions (a) by Quintín Yespa Co., Inc. (Yespa) against Construction Service Company (Construction) and Maryland Casualty Company, surety on bonds furnished by Construction in connection with a contract, and (b) by Construction against Yespa. The eases were consolidated and referred to an auditor. After the filing of his report, the parties stipulated “that the auditor’s report will be accepted as an agreed statement of facts, subject to . . . [certain] additions, modifications, and amendments.” They also agreed that if, under the contract, 1 ‘ Construction was to do the work…