Purington

Action to recover on a contractor’s bond given pursuant to the provisions of section 1183 "of the Code of Civil Procedure. Judgment went for plaintiff, from which defendant appeals on the judgment-roll.

[1] It appears that the Boynton Company and the Nelson Manufacturing Company furnished materials to a subcontractor and used in the construction of a building, for which payment was not made, which claims and all right, title, and interest in and to the bond, after the completion of the building and before the commencement of the action, were, as found by the court, duly assigned by said companies to plaintiff, who was the legal owner and holder thereof. In addition to these findings, all of which were in favor of plaintiff, the court made the following finding: “That at the time said Boynton Company and said Nelson Manufacturing Company assigned their said claims to the plaintiff, the plaintiff paid therefor the full amount of said claims, and that the money therefor was furnished to him by said Hughes, the owner of the building, and neither of said claimants has any further interest therein.”

Upon this finding appellant asks for a reversal of the judgment, his contention being…