Dodge

Appeal from the judgment and from an order denying a new trial. Respondent moved, in this court, to dismiss the appeal from the order denying a new trial, and counsel ■stipulated that the case and the motion should be submitted upon the transcript, briefs, and other papers on file. There is no undertaking on the appeal from the order. The undertaking refers only to the appeal from the judgment, and therefore will not operate to sustain the appeal from the order. (Granger v. Robinson, 114 Cal. 631 , and cases there cited.)

The complaint alleges that E. D. Brown contracted to erect a dwelling-house for one E. T. Bicknell, and executed a bond to said Bicknell in the sum of two thousand five hundred dollars, conditioned for the full and proper completion and performance of the contract, upon which bond the plaintiff and defendant became sureties; that Brown commenced and partly performed his contract, but abandoned it before completion, and, upon notice from the architect requiring the sureties to do so, plaintiff completed it at a cost of twelve hundred and twenty dollars over and above, the balance of the contract price remaining in the hands of the owner, and brings this action to…