Tyler

This is a joint appeal from a judgment in favor of the plaintiffs in three consolidated cases brought to foreclose their several liens for services and materials furnished to the contractor under a written contract for the construction of a building on the lands of the defendants. Grabstein, the owners, • and to recover deficiency judgments against the contractor and the sureties upon his bond. Judgment was rendered as prayed in the several complaints and the owners alone appealed.

The allegations of the complaints relating to the execution of the contract, the filing of the liens within due time, the furnishing of the labor and material, and the amounts due the respective plaintiffs therefor were all admitted. The three actions having been duly consolidated and coming on regularly for trial, a stipulation was made that certain allegations of the complaints were true and that a bond in proper form was filed, but it was left open to the court to determine “whether the bond is sufficient in law.” No other evidence was offered by the plaintiffs, and thereupon the defendants Grabstein moved for a nonsuit upon the ground that there was no evidence to sustain a judgment against them to…