N.V. Heathorn, Inc. v. U.S. Fidelity and Guaranty Co.
Plaintiff N.V. Heathorn, Inc. (Heathorn), a construction company, entered into a contract with the County of Alameda (the county). Defendant United States Fidelity and Guaranty Company (USF and G) issued a performance bond in connection with the contracted work. Prior to completion of the work, the county declared Heathorn in default and demanded that USF and G make good under the bond.
USF and G also filed a cross appeal challenging the merits of the jury's findings on its cross complaint. Because we affirm the trial court's grant of a new trial on the cross complaint, court dismiss this cross appeal as moot.
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