Charles Shutrump & Sons Co. v. Fireman's Fund Indemnity Co.

Sixth Circuit

Charles Shutrump & Sons Co. v. Fireman's Fund Indemnity Co.

101 F.2d 1006, 1939 U.S. App. LEXIS 4497

CourtCourt of Appeals for the Sixth Circuit

DecidedFebruary 15, 1939

DocketNos. 7789, 7790

StatusPublished

This text of 101 F.2d 1006 (Charles Shutrump & Sons Co. v. Fireman's Fund Indemnity Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Charles Shutrump & Sons Co. v. Fireman's Fund Indemnity Co., 101 F.2d 1006, 1939 U.S. App. LEXIS 4497 (6th Cir. 1939).

Pincite

Opinion

PER CURIAM.

In Suits by a general contractor against the surety of a defaulting subcontractor tried to the court without a jury upon written waiver of jury trial, there being no disagreement that the measure of damages is the reasonable cost of completing the contract and the trial court finding the plaintiff’s oral and record evidence in establishing reasonable costs unreliable and so discarding all of it and basing its judg[1007]*1007merit upon expert opinion evidence as to the reasonable cost of completion. And this court upon examination of the record concluding that the findings below arc based upon substantial evidence and that they sustain the judgment, it is ordered that the judgment of the District Court be and it is hereby affirmed.

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PER CURIAM.

In Suits by a general contractor against the surety of a defaulting subcontractor tried to the court without a jury upon written waiver of jury trial, there being no disagreement that the measure of damages is the reasonable cost of completing the contract and the trial court finding the plaintiff’s oral and record evidence in establishing reasonable costs unreliable and so discarding all of it and basing its judg[1007]*1007merit upon expert opinion evidence as to the reasonable cost of completion. And this court upon examination of the record concluding that the findings below arc based upon substantial evidence and that they sustain the judgment, it is ordered that the judgment of the District Court be and it is hereby affirmed.

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Bluebook (online)

101 F.2d 1006, 1939 U.S. App. LEXIS 4497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-shutrump-sons-co-v-firemans-fund-indemnity-co-ca6-1939.