Evans

For the purposes of this appeal the above cases are consolidated and heard as one. The plaintiffs in the two cases began their actions to recover on a certain bond given to secure payment for materials furnished and work done on a certain school building about to be erected by F. H. Shackelford, one of the defendants, for the Saucelito School District, said bond being dated the twenty-third day of September, 1920. The defendants, Retherford and Swanson, the sureties on said undertaking or bond, had judgment and from this judgment the plaintiffs appeal.

It appears from the transcript that F. H. Shackelford, a contractor, on the twenty-third day of September, 1920, entered into a contract with the board of trustees of the Saucclito School District in the county of Tulare for the erection of a certain school building; that upon this day there was made, executed, and delivered to the board of trustees of said Saucelito School District a bond signed by the defendants Retherford and Swanson in the following words and figures, to wit:

The contract for the erection of the school building and the bond just referred to appear to have been signed and delivered on the same day. On the…