Yankelewitch

Respondents brought this action to recover from defendant $1323.50 upon written guaranty of appellant to pay same. Judgment went for respondents, from which appellant has appealed.

It appears from the evidence that respondents were co-partners doing business under the name of the Star Plumbing & Hardware Company, and on July 7, 1926, they entered into a contract with L. C. Adams to do the plumbing work and furnish plumbing material for the construction of an apartment building. The contract price was fixed at $15,400, to be paid for as the work progressed, and said contract provided that in the event of failure in payments, said company, at its option, had the right to refuse to further proceed with the work.

Appellant was engaged in business as a broker, and as such secured a loan of $100,000 from the Western Loan & Building Company. He was the special agent of this company and was made trustee for the purpose of distributing this money in the construction of the said building. On October 6, 1926, respondents refused to proceed with the plumbing unless satisfactory arrangements were made regarding their payment for same. Respondents made demand on Adams for the money, but he…