Kellogg v. Nelson

Appellant Nelson, in February, 1925, entered into a contract with the city of Tacoma to do certain construction work. He gave a bond as required by statute, with his co-appellant, Maryland Casualty Company, as surety thereon. Later, respondents became sub-contractors under Nelson, apparently performed their work, and on October 15, 1925, filed with the city clerk of the city of Tacoma a notice of a claim against the bond in the amount of $919.81. Thereafter, respondents began this action against the contractor Nelson and against the surety to recover on the claim so filed. The cause was tried…