Moya v. Fidelity and Casualty Company of New York

I concur in the results only of the majority opinion as it affirms the main appeal, and disagree with the results reached on the cross-appeal.

With regard to the counterclaim, the court found that by the terms of the application for bond the plaintiff agreed to reimburse the defendant for all losses incurred by it and that the defendant had expended a total of $2,170.21 in plugging the well. Nevertheless, it found that the defendant had failed to mitigate damages in that its contract with Frank Yockey, defendant’s agent, to plug the well was entered into without receiving competitive bids and,…