Dodd

Plaintiff brought this action as the assignee of certain materialmen to recover upon a builder’s bond given for the benefit of the owners and, also, for all persons performing labor upon or furnishing materials to be used in the work described in the contract referred to in said bond, at the request of the contractor therein named. The bond also provided that it should inure to the benefit of all persons performing labor or furnishing materials to be used in the work contracted to be performed; that recovery might be had upon said bond in any suit brought to foreclose liens on the premises and also that an independent or separate action might be brought to recover on the bond. The plaintiff had judgment and the defendants appeal.

It appears from the transcript that the total amount of the assigned claims aggregated the sum of $2,118.37, no part of which was paid by the contractor; that after the claims had been assigned to the plaintiff, the owners, out of the sum of $1,220, remaining in their hands and being the unpaid balance on the contract price, paid to the plaintiff the sum of $900, and retained in their hands the sum of $320, to protect themselves against liens and…