Carpenter v. Furrey

GRAY, C.

Appeal from judgment on judgment-roll with out a bill of exceptions.

The plaintiffs furnished material in the construction of a building, and, three hundred and fifty dollars and fifteen cents of the contract price thereof remaining unpaid, they brought this action on the contractor’s bond given in pursuance of section 1203 of the Code of Civil Procedure, and obtained judgment for that sum. Appellants are the sureties on said bond.

1. The obligation sued on was not a mere offer of guaranty, depending for its binding force upon a notice of acceptance, but it was a contractor’s bond…