Boone

This is an appeal by defendant J. L. Boone, receiver of the Commonwealth Bonding and Casualty Insurance Company, from a judgment of the superior court of Riverside County entered in favor of the plaintiff and against this defendant in the sum of $4,922, with interest thereon, and with costs amounting to $45.60, and from an order denying his motion to strike out certain parts of the amended complaint.

It'appears that on May 21,1914, a contract was entered into between O. P. Easley, who later assigned the contract to the Easley Construction Company, a corporation, defendant herein, and A. B. Tuthill, as superintendent of streets of the city of Corona, Riverside County, under the provisions of the “Improvement Act of 1911” (Stats. 1911, p. 730), for the improvement of a portion of Main Street, in that city, by paving, laying sidewalks, gutters and curbs, beginning twenty-two feet south of the center line of the main track of the Southern California Railway Company and extending to the north line of Lemon Street. In compliance with section 19 of the Improvement Act of 1911, O. F. Easley furnished a bond for the benefit of materialmen and laborers, upon which bond the Commonwealth…