Marsh Bros. & Gardenier, Inc. v. United States Fidelity & Guaranty Co.

WARD, J., pro tem.

This is an appeal by the defendant from a judgment rendered against it for $2,341.03 as damages suffered by reason of a temporary restraining order and injunction pendente lite issued in a certain action entitled Butters et al. v. City of Oakland, a Municipal Corporation, et al., wherein the United States Fidelity and Guaranty Company (a corporation), as surety, executed undertakings in the sum of $450 upon the restraining order and in the sum of $2,000 upon the injunction pendente lite.

Marsh Bros. & Gardenier, Inc., plaintiff and respondent herein, were awarded a contract…