Santa Cruz Portland Cement Co. v. Snow Mountain Water & Power Co.

These are consolidated mechanic’s lien cases all arising out of the construction of the respondent Snow Mountain Water and Power Company’s Scott Dam in Lake County. Said Snow Mountain Water and Power Company will be hereinafter referred to as the Power Company.

A contract for the construction of said dam was entered into on December 15, 1919, between the Power Company, as owner, and the defendant W. A. Kraner, as contractor. In accordance with the provisions of section 1183 of the Code of Civil Procedure, a bond was entered into between said Kraner, as principal, and the appellant Fidelity and Deposit Company of Maryland, as surety. The contract, plans, and specifications, and the surety bond were all filed and recorded in the office of the county recorder as required by said section 1183, supra, before any work under the contract was performed. Kraner started work under the contract, established camp, built roads, hired and bought machinery and necessary supplies and continued the work of building said dam until the morning of July 1, 1921, when all work on the dam ceased. Certain controversies had theretofore arisen between the Power Company and Kraner, and one of the questions…