Farr

The appeal is from a judgment in favor of plaintiff and respondent for lumber and material furnished to William F. Farr to be used and which was used in the construction of a sewer system for the city of Gridley, a municipal corporation of the sixth class. The action was brought under the provisions of the so-called Bond Act, approved March 27, 1897 (Stats. 1897, p. 201), as amended in 1911 (Stats. 1911, p. 1422).

The complaint contains two counts, one for the material furnished by plaintiff and the other on an assigned claim for similar material furnished by the Diamond Match Company. A demurrer interposed by defendants was overruled and an answer was filed, and a trial had before the court. The appeal is on the judgment-roll alone.

1. There is no merit in the contention that by specific averment it should appear that the city was authorized to order the work done. The contract of suretyship upon which the action was brought contains this provision. “The condition of the above obligation is such that, whereas, the board of trustees of the city of Gridley, a municipal corporation of the sixth class, of the county of Butte, state of California, has heretofore awarded a contract…