Adams

By a contract dated June 23, 1924, the plaintiff, and defendant Zimmerman doing business as the Zimmerman Construction Company, entered into an agreement for the erection of a one-story and basement warehouse, etc. In respect to this contract the appellant company executed a “faithful performance” undertaking, in a sum equal to twenty-five per cent of the contract price. The liability covered by the judgment in this action is based upon the failure of the contractor to pay for materials furnished for use and actually used in the building, and the subsequent enforcement of the materialman’s lien by judgment against the plaintiff herein. In appellant’s brief, filed herein, it did not “present each point separately, under an appropriate heading, showing the nature of the question to be presented”. (Rule VIII.) In other words, there is no direct and specific statement of errors shown by the record. Such assignment of error should take the form of one or more stated propositions, which, if sustained, would lend reasonable support to appellant’s demand, for reversal of the judgment.

In his final paragraph, headed “Conclusion”, counsel for appellant states that the court erred in…