Vale
Vale v. Maryland Casualty Co.
Opinion
Lead Opinion
Preston, J.
This is an appeal by the plaintiff from an order of the Superior Court in and for the City and County of San Francisco vacating four separate judgments in a consolidated action involving eleven different mechanic’s lien cases; also, an appeal from two other ex parte orders of the trial judge.
The facts are not in serious dispute and are briefly these: On February 20, 1926, Alexander G. Mattson, a contractor and builder, entered into a written contract with one G. P. Anderson, wherein and whereby Alexander G. Mattson. agreed to construct a building for said G. P. Anderson on the southwest corner of Mission and Santa Marina Streets, in the City and County of San Francisco, for the sum of $17,200; said sum to be paid in installments as the work progressed.
The usual contractor’s statutory bond, in the sum of $8,600, was furnished by respondent, Maryland Casualty Company, and the contract and bond were filed of record and the work begun. Thereafter, the building was completed and accepted by the owner, but the contractor failed to pay for all the labor performed and materials furnished in the erection of said building as provided in said contract.