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CITY OF HILLSBORO v. MAINTENANCE & CONST. SERV.

523 P.2d 1036 (1974)

CITY OF HILLSBORO, a Municipal Corporation of the State of Oregon, ex rel. Lenchitsky Heating and Air Conditioning, Inc., Appellant, v. MAINTENANCE AND CONSTRUCTION SERVICE, Inc., and Argonaut Insurance Company, Respondents.

Supreme Court of Oregon, In Banc.

Decided June 27, 1974.

Attorney(s) appearing for the Case

John S. Marandas, Portland, argued the cause for appellant. With him on the briefs were Lekas, Dicey & Marandas, Portland.

Ronald E. Hergert, Oregon City, argued the cause for respondents. With him on the brief were John C. Caldwell, and Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

BRYSON, Justice.

In this action on a surety performance bond, in which plaintiff prevailed, the sole issue on appeal is the trial court's refusal to allow "plaintiff's Motion for Reconsideration of Allowance of Attorney Fees."

Shortly after the trial, plaintiff submitted to the court a proposed judgment which provided the court with a blank space in which to set forth the amount of attorney fees it deemed reasonable...

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