Reed

Appellant states in its opening brief that although in form this appeal is from the whole of the judgment, it is in fact directed only to so much of said judgment as denies appellant any recovery against respondents William G. Reed, Breakers Hotel Company and Metropolitan Casualty Insurance Company. The action was commenced originally by appellant to foreclose mechanics’ liens and also to recover from the surety on the bond executed by said Metropolitan Casualty Insurance Company. This case was consolidated, for trial, with numerous other cases. Those cases have been disposed of and the only matter to be considered on this appeal is the personal liability of the three respondents heretofore named.

The facts are as follows: On September 25, 1925, the Breakers Hotel Company entered into a contract, hereafter referred to as the original contract, with William G. Reed, as contractor, for the erection of a hotel building in the city of Long Beach, the contract price being $847,269.20, of which all except $105,000 was to be paid in current funds and for the remaining $105,000 five promissory notes were to be executed secured by deed of trust on the Breakers Hotel property, same to be…