Mazzera

The plaintiff, as owner, and George Balliet, as contractor, entered into a building contract containing the following provisions material to the determination of this appeal:

The contract provided for partial payments as the work progressed, to be made upon presentation of the architect’s certificates. A bond for the faithful performance of the work by the contractor was given in the following form:

The contract, plans, and specifications and the bond were recorded the same day that the contract was executed. A few days later the contractor entered upon the performance of the work and continued therein until the architect’s certificate was issued showing that the second payment was due, at which stage he abandoned the contract. The sureties then undertook the completion of the building. A few days before it was finally completed, the work remaining to be done not appearing from the record, the men employed by the sureties in the construction of the building quit work. The plaintiff induced the men to return and complete the building by promising them to “see they got their money.” It was stipulated at the trial that the building was finally “completed according to the plans and…