Ryan

Ryan v. Shannahan

Bad Law
1930 Cal. LEXIS 453·209 Cal. 98·285 P. 1045
Supreme Court of CaliforniaMarch 12, 1930Docket No. L.A. 12093.California2,325 words

Opinion

Lead Opinion

Preston, J.

This cause requires a construction by the court of the language of a surety bond, considered in con nection with the contract to which it relates. The facts are not disputed.

Defendant Shannahan, under a written contract dated January 23, 1925, agreed to do certain work for Blue Diamond Company, a corporation, in connection with the construction by it of a branch railroad line in Nevada. Said defendant covenanted to furnish “all necessary material, superintendence, labor, tools, plant, equipment and transportation for and to perform, lay, execute, finish and complete in the most expeditious, substantial and workmanlike manner,”. all grading, pipe culverts, et cetera, for said branch line, as detailed in the general conditions and specifications constituting a part of the" agreement of the parties. The general conditions of said contract provided: “The documents forming the Contract are complementary. . . . They are intended to include all detail of labor and material reasonably necessary for the proper execution of the work. . . . ” They also provided: “The Contractor . . . shall protect and indemnify The Company from and against all claims against the said work for labor,…

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