Ewing Irrigation Products v. Rohnert Park Golf Course Corp.

The appellants Rohnert Park Golf Course Corporation and the United States Fidelity and Guaranty Company appeal from the judgment entered against them, except for a portion of the interest.

The respondent Ewing Irrigation Products filed a complaint on October 24, 1968, against the appellants and Fairway Landscape Company. The claim was based on materials furnished Fairway and used in improvements on the Rohnert Park Golf Course Corporation’s property. The United States Fidelity and Guaranty Company furnished the labor and material bond. Fairway was adjudicated bankrupt and discharged before the trial.

On November 2, 1967, a construction contract was entered into by the owner and Fairway, the general contractor, for the installation of an irrigation system. United States Fidelity and Guaranty Company, as surety, issued labor and material bonds. The respondent furnished material to the general contractor from January 1968 to May 1968. On June 3, 1968, the general contractor abandoned the project and the surety finished it under its performance bond. The notice of completion was filed on August 27, 1968.

The parties stipulated that on May 21, 1968, the respondent was owed…