DAVIS ACOUSTICAL CORP. v. HANOVER INS. CO.


22 A.D.2d 843 (1964)

Davis Acoustical Corp., Respondent, v. Hanover Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 23, 1964


HERLIHY, J.

The plaintiff was a subcontractor of North American Contracting Company. The contract between them contained a clause that in the event it was necessary to refer any claim to an attorney, the plaintiff would be entitled to an additional 25% of the claim for attorney fees. The North American Contracting Company, in the performance of its contract, encountered financial difficulties and the defendant surety became obligated to pay. The surety...

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