Village of Elbow Lake v. OTTER TAIL POWER COMPANY

Otis, Justice.

This is an action brought by a municipality against a public utility to recover on a bond or undertaking furnished by the utility during prior litigation wherein the utility unsuccessfully sought to prevent the municipality from constructing a power plant. The municipality appeals from a judgment denying recovery. The issues are, first, whether the undertaking entitled the municipality to recover attorney’s fees incurred in litigating the prior action; second, whether the evidence compels an award of damages for loss of profits; and, third, whether the evidence sustains a…