Independent Iron Works, Inc. v. County of Tulare

Independent Iron Works, Inc., a corporation, appeals from that part of a judgment rendered in its favor by the Superior Court of Tulare County fixing its recoverable attorneys’ fees in the sum of $2,500. Neither side questions the propriety or fairness of any other part of the judgment. The appeal is based on a settled statement of facts.

The plaintiff filed suit against Florence Genieve Moore, as executrix of the last will and testament of Eugene H. Moore, deceased, General Insurance Company of America, a corporation, and the County of Tulare, for work and labor done and building materials furnished as a subcontractor to the general contractor, Moore, for the building of the new Tulare County courthouse at Visalia.

Eugene H. Moore, as principal, and General Insurance Company, as surety, had executed and furnished to the county a written labor and material contractor’s bond in standard form; it provided for the payment of any claims for labor and materials which were unsatisfied by Moore, together with reasonable attorneys ’ fees, to be fixed by the court.

The prayer of the complaint was for $53,375.40. Florence Genieve Moore filed a cross-complaint against Independent,…