San Francisco Lumber Co. v. Bibb

This is an action on a contractor’s bond, and from a judgment in favor of the sureties thereon plaintiff appeals. The bond here involved was obviously given under section 1203 of the Code' of Civil Procedure, and is similar in its general features to the one passed on in another case of San Francisco Lumber Co. v. Bibb, ante, p. 192, decided on the 2d of this month, which we held, on the authority of Shaughnessy v. American Surety Co., 138 Cal. 543, to be void.

And so we must hold the bond here, unless we are limited by a stipulation entered into by counsel, in an agreed statement of facts in…