Chamberlin

Defendants Dale’s R.V. Rentals, Inc. and Dale Lissner (Dale’s) appeal an order determining the amount of the appeal undertaking posted by Dale’s to be insufficient and requiring Dale’s to increase the undertaking amount to cover attorney fees awarded plaintiff Harold Chamberlin. We affirm the order.

I

In June 1982 the parties executed a recreational vehicle consignment agreement for Dale’s to rent Chamberlin’s recreational vehicle to Dale’s customers. The parties’ agreement provided: “If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.”

In September 1983 Chamberlin sued Dale’s. In August 1985 the jury awarded Chamberlin $13,500 compensatory damages and $41,500 punitive damages against Dale’s for breach of contract, conversion and breach of fiduciary duty. The court entered judgment favoring Chamberlin against Dale’s.

In August 1985 Chamberlin filed a memorandum of costs claiming $15,307.47 including $ 13,450.50 “Attorney fees by contract.” Dale’s…