Arnold

This is an appeal from a judgment of foreclosure of a materialman’s lien for materials furnished in the construction of certain apartment houses owned by the defendant and appellant, Arnold.

The defendant Joe Goetz, on January 7, 1916, contracted to perform the labor and furnish, the materials for painting and papering said apartment houses for the sum of $2,930. The contract was in writing and was duly filed for record, together with a bond furnished by the contractor pursuant to section 1183 of the Code of Civil Procedure in the sum of $1,465, which said bond by its terms inured to the benefit of laborers and materialmen. On March 16, 1916, after Goetz, the contractor, had been paid $1,430, he abandoned the contract, and the owner, Arnold, necessarily expended the additional sums of $1,363.30 for labor and $215.42 for materials in completing the job, thereby making the total cost of the work and materials covered by the Goetz contract $3,008.72, excluding plaintiff’s demand for $833.66.

Judgment was rendered against the contractor and his sureties for the amount of plaintiff’s demand, and a fore closure of the "lieu was decreed against the property. The owner of the property,…