Moreing

This suit is founded on the contract set out in the complaint made and entered into August 10, 1903, between the plaintiff as contractor and the defendants and S. V. Ryland, Julia H. Weber, H. Multharf, Anna Luhrs, Carl Simon, James E. Kidd, Stockton Savings and Loan Society Bank, Carrie Orschler, and the city of Stockton, owners of real property, which contract is as follows:

The plans and specifications referred to in said contract are set forth in the answer, and are as follows:

There was a demurrer on the ground: 1. Of defect of parties defendant in that S. V. Ryland, Julia H. Weber, H. Multharf, Anna Luhrs, Carl Simon, James E. Kidd, "Stockton Savings and Loan Society Bank, Carrie Orschler, and the city of Stockton are not made defendants to the action; and that, upon the facts stated in the complaint, it appears that the plaintiff has no cause of action for a judgment against the defendants jointly or jointly and severally for the sum of $699 or any sum. The demurrer was overruled. The answer avers defendants and the other of said contracting owners should become bound, each to pay to the plaintiff a pro rata part, and no more, of the said sum of $1,154—that is, a part…