Adams

This is an appeal from a judgment which was rendered in favor of a subcontractor for labor performed in painting a state building at the Napa state hospital. The judgment is against the surety on an indemnity bond "which was filed by the general contractor as required by law. The respondent was an intervener in an action which was brought by another subcontractor. The issues which are involved herein were presented by means of a cross-complaint.

The defendant Christopher held a contract with the department of public works of California for the construction of a building at Napa state hospital. A contractor’s bond was filed as required by law. The appellant Indemnity Insurance Company of North America was the sole surety on this bond. It was executed as security for the total sum of $17,242.50. The plaintiff and several other subcontractors were employed in erecting the structure. The building was completed and accepted January 19, 1929. The materialmen and laborers were not all paid. The sum of $7,826.76 remained in the custody of the state controller for the payment of valid approved claims.

This action was commenced by the plaintiff Adams, who was also a subcontractor, against…