Baum v. County of Whatcom

The defendant let a contract to one Moran for the construction and improvement of a county road. The contract provided that the contractor should •execute a bond containing the provisions of § 2415, 1 Hill’s Code (Bal. Code, § 5925). A bond was executed accordingly, but contained a recital that it was executed as a ■common law bond, and not in pursuance of the statute .aforesaid, and also that under the decisions of the supreme •court it was not required to take a bond to secure the per.formance of the contract, etc. The plaintiff furnished supplies to the contractor for his use in the…