Vaughan

On July 15, 1918, the defendant entered into a written contract with White & Gaskill, copartners, for the construction of the Woodlake-Visalia division of a system of paved public highways in said county of Tulare. To the plaintiff, by consent of the board of supervisors, this contract was regularly assigned. The work was begun on August 22, 1918, and the entire division was completed and opened on April 22, 1919. It seems unnecessary to set out the terms of the contract further than will hereafter appear. Payments were made from time to time to respondent as the work progressed, and on May 29, 1919, he filed his claim with the board of supervisors for the sum of $10,129.19, being the balance which he claimed to be due. This claim was rejected by the board on June 28th, and the complaint herein was filed on July 15, 1919. On August 6th, following, defendant filed its answer, wherein it denied that plaintiff had completed all the work required by the provisions of the contract, particularly as to the requirement of a “four-inch concrete base.” A cross-complaint was also filed against Vaughan and his surety, American Indemnity Company, for damages in the sum of $15,109.70, claimed…