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U. S. FIDELITY & GUARANTY COMPANY v. BIDDY LUMBER COMPANY

41996, 41997.

114 Ga. App. 358 (1966)

151 S.E.2d 466

U. S. FIDELITY & GUARANTY COMPANY et al. v. BIDDY LUMBER COMPANY, INC. et al.; and vice versa.

Court of Appeals of Georgia.

Decided September 14, 1966.

Rehearing Denied September 28, 1966.

Attorney(s) appearing for the Case

Memory, Barnes & Memory, S. F. Memory, Jr., for appellants.

Helms & Dismukes, Jack J. Helms, for appellees.

BELL, Presiding Judge.

1. "The recovery provided in the Civil Code, § 2549 [Code Ann. § 56-1206] is a penalty. Penalties and forfeitures are not favored. The right to such recovery must be clearly shown." Love v. National Liberty Ins. Co., 157 Ga. 259, 271 (121 SE 648). Since the provision for damages and attorney's fees is in the nature of a penalty, it must be strictly construed, and in order for these items of recovery to be authorized,...

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