American Radiator Co. v. American Bonding Co.

This is an appeal by plaintiff from judgments in favor of the defendants American Bonding Company and J. W. Rapple, after the separate demurrers of each of said defendants had been sustained, the plaintiff declining to further amend his complaint.

The facts as presented by the record are these: In the month of December, 1909, the defendants E. B. Lennig and J. W. Rapple, as copartners, under the firm name of Lennig-Rapple Engineering Company, entered into a contract with the city and county of San Francisco for the installation of a heating and ventilating system in the Hall of Justice, and in connection therewith the said firm, as principal, and the American Bonding Company, as surety, executed and delivered to the proper officials of said city a statutory bond as security against any failure on the part of the said firm to pay for any of the materials or labor furnished for said work, as required by the provisions of the act of the legislature entitled “An act to secure the payment of the claims of materialmen, mechanics or laborers employed by contractors upon state, municipal or other public work,” approved March 27, 1897 (Stats. 1897, p. 201). The foregoing act was in effect…