Shepherd

Defendants appeal from a judgment awarding to plaintiffs the sum of $29,179.03 and prejudgment interest.

This case arises from transactions among participants in a construction project. Guy F. Atkinson Company, prime contractor on a highway project, subcontracted with appellant Miles & Sons, Inc., a corporation, to furnish fill from state-designated pits. Atkinson waived a performance bond by Miles upon the agreement of Miles to hold Atkinson harmless from liens or claims of third persons arising from project operations of Miles or its subcontractors. Miles subcontracted part of its work to Robert B. Kleppinger, who furnished a bond written by appellant General. Shepherd leased equipment, furnished supplies and did repair work for Kleppinger on this and other jobs.

During progress of the Guy F. Atkinson job, Shepherd sued Kleppinger for debts incurred on this job and on others as well. In connection with the action, Shepherd, on August 22, 1958, levied an attachment against funds owing to Kleppinger by Miles, and filed a stop notice against the Atkinson prime contract. The manager of Miles notified Shepherd that the levy had “caught some $34,600.” He also told Shepherd…