Bowen

Plaintiffs sued to foreclose a mechanic’s lien. Defendants answered and filed a cross-complaint. Judgment was in favor of defendants. Plaintiffs appeal from the judgment and from an order denying their motion for a new trial.

The court found that the plaintiffs, who are copartners, entered into a contract to furnish to one A. E. Dean, for the sum of $1,350, certain work and the materials to be used in the erection of a building on the property of defendant H. Desser, in the county of Los Angeles. The following facts were also found: This sum of $1,350 has been paid by Desser to plaintiffs. On April 29, 1914, Desser entered into a contract with Dean for the erection of a building at a cost of four thousand five hundred dollars. Of this sum three thousand five hundred dollars was to be paid in specified amounts as the building should progress, and the balance, when the building should be completed and accepted. To secure the faithful performance of the said contract Dean, as principal, and Bowen and Harris, as sureties, entered into another written contract or bond in the sum of $2,250 indemnifying Desses' from loss. Both contracts were duly filed for record. Dean, the contractor,…