McELHOSE v. UNIVERSAL SURETY CO.

No. 36767.

158 N.W.2d 228 (1968)

182 Neb. 847

Gordon McELHOSE, Appellee, v. UNIVERSAL SURETY CO., a Corporation, Appellant.

Supreme Court of Nebraska.

March 29, 1968.


Attorney(s) appearing for the Case

Sidner, Gunderson, Svoboda & Schilke, Fremont, for appellant.

Rice, Rice & Roubicek, Creighton, George Johnson, Gregory, S. D., for appellee.

Woods, Aitken & Aitken, Richard W. Smith, Richard L. Spangler, Jr., Lincoln, for amicus curiae.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH and McCOWN, JJ.


CARTER, Justice.

This is an action by Gordon McElhose against Universal Surety Company to recover the rental due for the use of two caterpillar tractors under the provisions of a public works bond furnished by Universal. On a trial to the court, a jury having been waived, the trial court found for the plaintiff in the amount of $7,500 and costs, including an attorney's fee of $1,500. Universal has appealed to this court.

The evidence shows that from May to...

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