Fraters Glass & Paint Co v. Sw. Construction Co.

This action was instituted for the purpose of foreclosing certain materialmen and mechanics’ liens. The only cause of action with which we are concerned on this appeal is that on behalf of Praters Glass and Paint Company, a corporation, the appellant herein. This company sought a judgment against the sureties on the bond given by the contractor to the owner in compliance with the provisions of section 1183 of the Code of Civil Procedure. E. B. Rivers, as the owner of the real property on which the building was constructed, entered into a contract with the Southwestern Construction Company, a corporation, for the construction of said building at an agreed price of $91,000. The contractor gave a bond as required by section 1183 of the Code of Civil Procedure, with the defendants Henry S. Patten and P. W. Patten as sureties, in the sum of $45,500, being fifty per cent of the contract price of said building. There is no claim but that this bond met all the requirements of said section 1183. Under the contract for the construction of said building the appellant, Praters Glass and Paint Company, furnished glass which was actually used in the construction 'of said building, the…