Tingey

This is an action to recover from the United States Fidelity & Guaranty Company as surety upon the bond of C. H. Tingey given as contractor for the doing of certain street work in the city of San Diego. Judgment went for plaintiff, from which, adopting the alternative method, the defendant United States Fidelity & Guaranty Company appeals.

The bond was given by C. H. Tingey, to whom the contract for doing the work was let by the city, and, after reciting that the obligors, namely: Tingey as principal and" the United States Fidelity & Guaranty Company as surety, were bound unto all persons performing labor or furnishing materials to be used in the work called for by said contract, contained a provision to the effect that if the principal therein, said Tingey, failed to pay for any materials or supplies furnished for the work, or for any labor done thereon, said United States Fidelity & Guaranty Company, as surety thereon, would pay the same to an amount not exceeding the sum specified in the bond.

Tingey as contractor sublet a part of the work to one Rubendahl, to whom plaintiff furnished certain materials used in the performance of the work, and payment not being made therefor,…