Gibbs

This is an action for damages, against Mrs. Tally, by the assignee of certain persons who had performed labor or furnished materials in the construction of' a building, for failing to cause a bond to be filed with the building contract, as required by section 1203 of the Code of Civil Procedure. A bond was in fact filed, and apparently in good faith designed to comply with the statute, but it was found defective because it was not, “ by its terms, made to inure to the benefit of any and all persons who perform labor or furnish materials to the contractor, or any person acting for him or by his authority,” “ in an amount equal to at least twenty-five per cent of the contract price.”

The statute directs that every contract required to be filed by the provisions of the chapter relating to liens of mechanics and others shall be accompanied by a good and sufficient bond, and that any laborer or material-man shall have an action to recover upon the bond for the value of labor and materials, not exceeding the amount of the bond, and such action shall not affect his lien. A failure to comply with the provisions of the section rendered “the owner and contractor jointly and severally…