Pac. Sewer Pipe Co. v. U.S. Fid. & Guar. Co.

Plaintiff herein is suing upon a contractor ’s bond for the purpose of recovering money for material furnished for use in certain street improvement work. The case was submitted upon stipulated facts which are as follows: Pursuant to the provisions of an act providing for work upon streets, etc., within municipalities, commonly known as the Vrooman Act (Gen. Laws 1915, p. 1714, Act 3930), the board of public works of the city of Los Angeles and the California-Arizona Construction Company entered into a contract for the performance by the latter of certain street work in the city of Los Angeles. The California-Arizona Construction Company, as principal, and defendant United States Fidelity & Guaranty Company, as surety, executed and delivered to said city the undertaking required by section 6½ of the Vrooman Act. The California-Arizona Construction Company entered upon the performance of the contract and' some time in the month of December, 1916, plaintiff, Pacific Sewer Pipe Company, furnished to the California-Arizona Construction Company, for use in said street improvement work, certain sewer-pipe and sewer-pipe fittings of the value of $470.97, which sum has never been paid.…