Richardson & Fisher Co. v. Chicago Bonding & Surety Co.

The plaintiff appeals from a judgment entered after an order had been made sustaining a general demurrer to the complaint as amended. Plaintiff is a materialman who furnished to the contractor materials which were used in the construction of a building for one Wm. J. Thayer. The action is brought to recove^ upon a bond which was given in conformity with the .provisions of section 1183 of the Code of Civil Procedure as amended in 1911. As required by that section, the bond provides that it “shall inure to the benefit of any and all persons who perform labor upon or furnish materials to be used in the work described in said contract, so as to give such persons a right of action upon this bond in any suit brought to foreclose the liens provided for by the laws of the state of California, or in a separate suit brought on this bond.” The bond further provided “that any suit brought on this bond to recover any claims hereunder must be instituted within the time allowed by law for instituting a suit to enforce a lien claim.” The following provisions from the chapter concerning the enforcement of liens of mechanics and others upon real property, have a bearing upon this case: Section 1187…