First National Bank v. Pesha

Defendant Pesha entered into a contract with the school district of Auburn for the erection of a high school building for the contract price of $39,105, and, in compliance with the provisions of section 3840', Rev. St. 1913, gave bond for the payment of claims for labor and material, defendant Equitable Surety Company executing the bond as surety. A copy of the contract, bond and technical and general specifications are attached to and made a part of the petition. The contract bears date March 5, 1912, and the bond March 12, 1912. On January 8, 1913, Pesha borrowed from plaintiff $1,500,…