Bates v. County of Santa Barbara

— On October 2, 1888, the defendants Booty and Holmes entered into an agreement with the defendant the county of Santa Barbara, to erect for the latter, on a public block in the city of Santa Barbara, a brick building, to be used by the county as a hall of records, for the sum of $19,850. The contract was reduced to writing, but was never signed by any officer of the county. Thereafter, defendant the Star Brick and Supply Company, began the construction of the building under a contract with Booty and Holmes, and prosecuted the same until August, 1889, when Booty and Holmes assumed control of the work, which was completed by them and turned over to and accepted by the county on September 11, 1889. Plaintiffs and their assignors performed services and furnished materials under contracts made with the Star Brick and *545 Supply Company while the latter was engaged in constructing the building, and it is for the value of such services and materials that this action was brought. During the progress of the work the county paid to Booty and Holmes, on account of the contract price, the sum of $11,991, leaving a balance of $7,859 due at the time the building was completed. Soon after the…