W. P. Fuller & Co. v. Alturas School District

This is an action on a bond executed by one A. E. Pearson, as principal, and the appellants, as sureties, and given for the purpose of guaranteeing the faithful performance of a certain contract entered into by said Pearson and the defendant school district, for the construction by Pearson of a two-story school building for said district.

A number of persons who had either furnished material for or bestowed labor upon the work of construction assigned their respective claims to the plaintiff, and the action here is by the plaintiff on a claim of its own for materials alleged to have been furnished by it to Pearson and on the several assigned claims referred to, the same being set up in the complaint in different counts by appropriate averments.

The plaintiff was awarded judgment against Pearson and the appellants (sureties on the bond upon which the action is founded) in the total sum of $1,262.29.

This appeal is prosecuted from said judgment by the sureties on said bonds, A. B. Estes, A. W. Toreson, W. Wade Williams, B. L. Kelley, and C. W. Williams.

The contract, to insure the/performance of which the bond sued on was given, was entered into on the sixth day of June, 1911,…