Hoffman

Defendant Guardian Casualty and Guaranty Company appeals upon the judgment-roll alone from a judgment rendered against it as surety upon a bond to indemnify all persons performing labor or furnishing materials in the execution of a contract between the county of Los Angeles and James Kennedy for the doing of certain public work.

The material facts of the case, as shown by the findings, are as follows: The county of Los Angeles, on November 8, 1916, duly entered into a contract with defendant Kennedy for the construction of a storm-drain in the district known as Long Beach Drainage District No. 1, at a cost of $84,936. The contract included the work of excavating a trench in State Street, in the city of Long Beach, wherein to construct the storm-drain, and, as a part of the work, provided for the refilling of the trench and resurfacing of the street. On January 16, 1918, plaintiff entered into a contract with Kennedy pursuant to which he, for $2,477.10, furnished materials and did all of said resurfacing work so required of Kennedy under his contract with the county, which work plaintiff completed on- May 17, 1918. Whereupon, default having been made in the payment of the amount…