Atlas Development Co. v. National Surety Co.

This appeal is by the defendant from a directed verdict and judgment in favor of plaintiff in a suit on an attachment bond.

The facts leading up to the present action are that for some time prior to November 12, 1919, the plaintiff had been engaged in drilling for oil in Contra Costa County and owned and used for the purpose certain oil drilling machinery and equipment. It was about to abandon this enterprise and was starting to dismantle the rig and outfit preparatory to placing it on board the cars at Antioch, in said county, for delivery in the state of Texas to one Charles L. Morrill under a contract of sale. On the date above stated, one Nellie Wheelock, an assignee, commenced an action against the plaintiff here for work and labor performed by her assignor, and caused an attachment to be levied on the rig and outfit at the oil well. The defendant became surety upon the attachment bond for one thousand dollars. Subsequently, the action of Wheelock v. Atlas Development Company was tried and decided in defendant’s favor and it was therein adjudged that plaintiff take nothing by her complaint and that the defendant have judgment for its costs and that the attachment theretofore…