Evola v. Wendt Construction Co.

HANSON, J. pro tem. *

The main question here is whether a corporate surety bond given by an owner and subdivider of land to the county of Contra Costa, pursuant to the re quirements of an ordinance, protects a contractor so as to enable him to sue thereon for moneys due him for constructing, at the instance of the subdivider, the paving, curb, gutters, and tract drainage in the proposed subdivision.

Before the surety bond was given to the county, the plaintiff and the subdivider entered into a written contract by the terms of which the plaintiff was to be paid $28,439 in installments of $1,000…