S. W. Towle Lumber Co. v. Anderson

This appeal is by the defendant Maryland Casualty Company, surety on a contractor’s bond, from a judgment rendered against it in favor of plaintiff, who had furnished materials used in the erection of a building in the city and county of San Francisco.

The complaint was in the usual form for the foreclosure of a mechanic’s lien, and joined, as defendants, the owner of the building, the contractor and the surety. The action was dismissed before trial as to the owner, the contractor defaulted and the case was tried against the surety alone, the appellant here. The surety denied the corporate…