Henne
Henne v. Summers
Opinion
Lead Opinion
Conrey, J.
In this action i lie defendant is sued upon a bond signed by her as surety for Edward Booth and John W. Neighbours, to secure the performance of certain obligations of a lease made to said princij: .sis by the plaintiffs’ predecessor in interest. The same instruments were construed by this court as to some of their term;-; in Henne v. Summers, 16 Cal. App. 67 , [ 116 Pac. 86 ], but the testimony considered in that decision is not before the court on the record in this case. The bond was conditioned upon terms that were “to secure the full performance of all the obligations contained in said lease above referred to, and also the last two months’ rent” specified in the lease. The judgment herein is for the sum of nine hundred dollars. The findings show that six hundred and fifty dollars of this amount w.-:is to satisfy a balance due on the last month’s rent and that the remaining two hundred and fifty dollars was allowed on nceount of attorney’s fees incurred in connection with defaults which took place and, which required the rendition of varí ous services to protect the rights of plaintiffs with respect io said lease. Defendant appeals from the judgment.