W. W. Montague & Co. v. Furness

GRAY, C.

This action is brought against a building contractor and his sureties upon a bond alleged in the complaint to have been “given under and in pursuance of the provisions of section 1203 of the Code of Civil Procedure of this state.” Plaintiff seeks to recover the amount due it from the contractor, Furness, for certain materials furnished by plaintiff for use in constructing the building to which the bond relates. The plaintiff had judgment against all the defendants, and the sureties on the bond appeal from said judgment.

The said section 1203 of the Code of Civil Procedure is…