McMenomy

This case was submitted to the court below upon an agreed statement of facts. From this statement it appears that on the twentieth day of June, 1890, plaintiff and one L. C. Judkins entered into a written contract, by the terms of which Judkins agreed to construct for plaintiff, and to furnish all the materials and labor therefor, a frame dwelling-house in conformity with the plans and specifications for the same prepared by certain architects, and to deliver the house to plaintiff, free from all liens and charges, within one hundred working days from the date of the contract. The contract price for the work was four thousand eight hundred and fifty-eight dollars, of which sum seventy-five per cent, was to be paid in installments as the work progressed, and the remaining twenty-five per cent was to be paid thirty-five days after the final completion of the work.

On the day the said contract was executed there was written on the back thereof and signed by the defendants a bond or contract of guaranty which reads as follows:

After these papers had been signed, Judkins committed the matter of filing the contract in the office of the county recorder of the county where the property…