Pacific Mill & Timber Co. v. Massachusetts Bonding & Insurance Co.

A hearing was granted by this court after decision by the district court of appeal, first appellate district, division two, for the purpose of construing the contract out of which the obligation of suretyship springs in its entirety and also for the purpose of making a more extended statement of the law and its application to the facts of the instant case. We adopt, however, as the law of the case the following portion of Mr. Justice Nourse’s opinion:

“This is an action on a bond given to guarantee the faithful performance of a contract. The trial court gave judgment for defendant after…