Excavating Equipment Dealers, Inc. v. Aetna Casualty & Surety Co.

This is an appeal from a.judgment in favor of the plaintiff in an action on a surety bond.

On September 29, 1930, the state of California, acting through the department of public works, awarded to H. H. Boomer a contract to grade and construct a certain road in Trinity County. The contract covered several parcels. After the award was made Mr. Boomer, as principal, and the Aetna Casualty and Surety Company, as surety, executed in due form the bond required by the provisions of the statute. (Chap. 321, Stats. 1925, p. 538.) At about the same time Mr. Boomer employed Bruce Markle as subcontractor to do the excavating on one parcel. About October 31, 1930, Mr. Markle had in place on the job a power shovel and commenced to execute the contract. That power shovel was owned by the plaintiff and was turned over to Mr. Markle under a written lease. Before the award was made to Mr. Boomer, in expectation of the business, Mr. Maride had entered into oral negotiations for the rental of the shovel and after the award was made the written lease was executed October 14, 1930. Before employing Mr. Maride, Mr. Boomer had a conversation with him regarding his equipment, finances and ability to…