Heberling

The plaintiffs instituted actions in the superior court of Tulare County for the foreclosure of certain liens for materials furnished for and labor performed on the construction of a certain building in the city of Visalia, and also for recovery of judgments against the sureties upon the bond furnished by the contractor to the owner of the building for the faithful performance of the terms of the building contract to satisfy the several demands sued for. By order of the court the actions were consolidated. (Sec. 1195, Code Civ. Proc.)

On the third day of May, 1917, one D. B. Day, a building contractor, and the Visalia Elks Building Association, a corporation, entered into a written contract, by the terms of which the said contractor agreed to construct for said corporation, in the city of Visalia, and furnish therefor all necessary labor and material, a three-story building and basement, for the total sum of $53,287. Attached to the contract were the plans and specifications, and for the faithful performance of the terms of said contract, the said Day, as principal, and the defendants, Ragle, Cole, J. P. Day, and Blair, as sureties, executed and delivered to said Association a…