Anderson

This action was brought by plaintiff to foreclose a mechanic’s lien for labor and material furnished in a building owned by defendant Paul I. Johnson under a subcontract entered into between plaintiff and defendant Bessolo & Gualano, Inc., and to recover from it the value of said labor and material, and also to recover from defendant, the Fidelity Union Casualty Company, the value of said labor and material under the alleged guaranty executed by said company. It was stipulated that the action for the foreclosure of the mechanic’s lien was waived for the reason that the building against which the lien was claimed had been sold under a prior encumbrance. Johnson had executed his promissory note for $1500 to plaintiff in part payment of said claim. Judgment was rendered against said Johnson for the amount evidenced by said promissory note and against Bessolo & Gualano, Inc., for the remainder of plaintiff’s claim, and against plaintiff and in favor of the Fidelity Union Casualty Company. From the judgment in favor of the Fidelity Union Casualty Company plaintiff appeals.

It appears from the evidence produced by appellant, respondent declining to produce any, that defendant Johnson,…