Boyd

By the terms of a certain contract entered into by and between the parties on the seventeenth day of September, 1906, the plaintiff and one J. L. Hughes agreed to construct for the appellant a bridge across Russian river, near the town of Pieta, in Mendocino county, for the sum of $575. Said contract, although made on the seventeenth day of Sep tember, 1906, was not signed by the parties until the thirteenth day of October of said year. By the contract, however, the defendant agreed to furnish all the materials with which said bridge was to be built, and to place the same on the bridge site, where they would be accessible to the builders. The parties of the second part (plaintiff and Hughes) covenanted to complete the erection of said bridge “within sixty working days from the date hereof.” It was stipulated on the part of the defendant that he would pay Boyd and Hughes “twenty-five per cent of said $575 when fifty per cent of said work shall have been completed and the remainder of said' sum, $575, at the completion of said work.” The contract further contained the following clause: “And for the true and faithful performance of all and every of the covenants and agreements above…