129 So. 671 | La. | 1930
This is a concursus proceeding. J.V. and R.T. Burkes undertook to construct an apartment building for plaintiff, and the Maryland Casualty Company became surety on the contractors' bond. The building was ultimately finished, but the contractors left unpaid bills recorded against the building of $19,425.60. In addition to this there was a claim by the owner against the contractor for alleged unfinished work amounting to $3,598.65, and a counterclaim by the contractors against the owner for alleged additional extra work amounting to $12,083.82.
The owner filed a concursus proceeding, and a commissioner was appointed to hear the matter. During the hearing before the commissioner the contractors' counterclaim for alleged additional extra work was abandoned; the claim of the owner against the contractors for alleged unfinished work was compromised; all lien holders were paid, except four aggregating $6,979.02. And the only question before the court at present is whether these four claims have been extinguished by novation, or otherwise, and the amount of the fee to be paid the attorney for plaintiff, and of the fee to be paid the commissioner.
The uncontradicted testimony in this record is that from the first part of the year 1927 until the compromise of the owners claim for unfinished work, to wit, on January 10, 1929, the owner was in constant need of an attorney's services in connection with the enforcement of this contract; that $19,425.60 of liens were recorded against the building, *72 which had to be canceled, and the owner had a claim of $3,598.65 against the contractor for alleged unfinished work. This aggregated $23,024.25, exclusive of the counterclaims of the contractors against the owner which was abandoned. For these services the trial judge allowed $2,302.45 as attorney's fees, and after due consideration we have concluded that we cannot see wherein said allowance is excessive.
We have also concluded to fix the costs of appeal against the appellant, notwithstanding the reduction in the commissioner's fee and the reservation in favor of the appellant against the Truscon Steel Company. Act No. 229 of 1910.