Sunset Lumber Co. v. Smith

This is an action to recover for materials furnished in the erection and construction of the ‘‘ Soquel Union Grammar School” in the town of Soquel, Santa Cruz County. The action is brought against E. Potter Smith, the contractor to whom the Board of Trustees of the Soquel Union School District let the general contract for the construction of the school building and against James K. Nelson and J. J. Stevenson, the sureties on the contractor’s bond, the members of the school board and the school district itself. The action is primarily one against the contractor to recover for the materials furnished and used in the construction of the school building. The contractor defaulted and the other defendants answered. Defendant James K. Nelson, one of the sureties on the contractor’s bond, is the only defendant who has appealed.

Appellant presents the following points as grounds for a reversal of the judgment: “(1) The demurrer of this defendant should have been sustained because of misjoinder of causes of action and misjoinder of parties defendant; (2) Plaintiff’s action is barred by the provisions of the various lien law statutes of the state of California; (3) The defendant James K.…