Weinreich Estate Co. v. A. J. Johnston Co.

Plaintiff brought this action to recover the sum of $1407.50 for rentals unpaid by the defendant, A. J. Johnston Company, upon a lease of a certain store in the city of Sacramento. McClatchy and Bontz are joined as defendants as sureties upon a bond executed by the three defendants as a consideration for the letting of said premises to the A. J. Johnston Company. They demurred to the complaint upon the general ground that it did not state facts sufficient to constitute a cause of action against them. The superior court made its order sustaining the demurrer without leave to amend the complaint, and from the judgment entered upon this order the plaintiff has appealed.

The instrument executed by defendants is therein denominated a bond. The obligatory part of it is as follows: ‘‘ That A. J. Johnston Company, a corporation, as principal, and C. K. McClatchy and L. E. Bontz, as sureties, are held and firmly bound unto Weinreieh Estate Company, a corporation, in the sum of two thousand ($2,000.00) dollars, gold coin of the United States of America, to be paid to said Weinreieh Estate Company, a corporation, its successors and assigns; for which payment well and truly to be made we…