Wheeler, Osgood & Co. v. Everett Land Co.

The opinion of the court was delivered by

Scott, J.

This was an action to foreclose a lien for materials sold by appellant to defendant Grant, as *631contractor, for use in the construction of a hotel owned by the Everett Land Company. The contractor and a number of other persons were made co-defendants, but none of them except respondent appeared in the action. The respondent answered denying most of the allegations of the complaint and in addition thereto set up as an affirmative defense and counterclaim that appellant was surety upon a bond given by the contractor to secure the erection of the…