Silberstein v. Kitrick

The action is to recover from defendants the sum of ten thousand dollars on a bond given by them for that amount as sureties of the Burnight-Kennedy Company, a corporation, which had entered into a contract with plaintiff to erect a building in the city of Chico. The cause was tried by the court without a jury and defendants had findings and judgment in their favor. Plaintiff appeals from the judgment and from the order denying his motion for a new trial, The contract price for the building was forty-one thousand five hundred dollars, to be paid by progressive payments, as follows:

“First—The…