Leeds & Northrup Co. v. Interkiln-Salgo Engineering Co.

Agreed statement of facts:

1. Plaintiff and respondent furnished materials used in construction project on premises of owner, Port Costa Brick Works. Defendant and appellant (Surety Co.) issued a surety bond on behalf of general contractor which inures to the benefit of owner and all persons entitled to its protection under the mechanics’ lien laws of California.

2. The bond was filed for record in the proper county prior to the completion of the work. (Bond filed by owner, Port Costa Brick Works.)

3. The project was completed and a proper notice of completion was filed on September 6, 1957,…