Lipscomb

This appeal is from a judgment against the defendants. The action grows out of a controversy between the original contractors and their sureties, as plaintiffs, against subeontrators and their surety, in the matter of the construction of an ocean front walk and boulevard erected and constructed at Mission Beach, in the city of San Diego, under the provisions of the 1911 Improvement District Act (Stats. 1911, p. 730). In taking the necessary proceedings and letting the contract the city divided the work in question into two units, one known as the south unit and the other as the north unit. The south unit constituted about one-third of the work. Charles and F. W. Steffgen were the low bidders on what is known as the north unit. They immediately assigned their contract to the plaintiffs, Storm & Butts, who became the contractors for the entire work and gave bonds with the Indemnity Insurance Company of North America as surety. The plaintiffs, Storm & Butts, sublet a portion of said work to the defendants Lipscomb & Dutton for driving the concrete piling and making back fills. The city had furnished a complete set of plans and specifications for the doing of the work. These were…