Shores v. United Surety Co.

The opinion of the court was delivered by

Benson, J.:

This action was brought upon a bond given by the defendant surety company under the mechanic’s lien law to secure the payment of claims against a contractor. (Civ. Code, § 660.) The petition alleged a sale and delivery of stone for a school building to a contractor, and default in payment therefor. The answer contained a general denial. The plaintiff recovered, and the defendant contends that the evidence was insufficient to prove that the plaintiff was the real party in interest. It is insisted that the plaintiff’s evidence conclusively…