Jew v. Pacific Employers Insurance

This is an action against the surety on a building contractor’s bond. Plaintiffs appeal from a summary judgment in favor of the defendant surety.

The complaint alleged that on August 12, 1957, plaintiffs entered into a written agreement with the J. W. Janes Construction Company whereby that company agreed (1) to construct a building for plaintiffs according to certain plans and specifications for $61,717, and (2) to complete the work within a reasonable time; that to secure the faithful perform anee of the agreement, the company, as principal, and the defendant, as surety, executed their bond…