County of Kern v. Edgemont Development Corp.

This appeal originated in an action brought by the plaintiff-respondent, County of Kern (hereinafter County), against defendants-appellants, Edgemont Development Corporation (hereinafter Edgemont) and Globe Indemnity Company (hereinafter Globe), for breach of contract for the improvement of streets and installation of a water system in a subdivision located in the County of Kern and on the bond given for the faithful performance thereof. Both defendants join in an appeal from a judgment in favor of County in the sum of $12,938.70, plus prejudgment interest.

The relevant facts may be summarized as follows:

On March 4, 1958, Edgemont, a subdivider, entered into a contract with County whereby, as conditions precedent to approval and acceptance of the final subdivision map, Edgemont agreed to (1) construct certain streets and other public ways, and (2) construct and install a water supply system within the proposed subdivision. Contemporaneously therewith, Edgemont, as principal, and Globe, as surety, executed and posted a faithful performance bond.

Edgemont completed the street work and on October 19, 1959, prompted by a request from Edgemont, the nature of which is not shown by…