Los Angeles Olive Growers Ass'n v. Pacific Surety Co.

Action to recover damages upon a surety bond conditioned for the faithful performance of a contract .made by plaintiff with one Rukichi Tajiri whereby the latter, for the consideration therein specified, agreed to furnish plaintiff with capable Japanese labor in the picking and harvesting of plaintiff’s olive crop.

Defendant interposed a demurrer to the complaint, which was sustained without leave to amend. Judgment of dismissal followed, from which plaintiff appeals.

The contract and bond are both set out in haec verba in the complaint, from which it appears that on October 10, 1910, Tajiri entered into a contract with plaintiff which, among .other things, provided that he should furnish plaintiff orderly and capable Japanese men- to pick the olives then growing in ■plaintiff’s olive orchards. The contract contained the following, among other provisions:

Pursuant to the provision of the contract requiring him so to do, Tajiri secured from defendant a bond executed by it in the sum of one thousand dollars, payable to plaintiff, and conditioned that Tajiri should well and faithfully perform said contract so made with plaintiff, according to its terms and conditions, in which…