Ukropina-Polich-Kral

By prohibition, petitioners seek to prevent the Superior Court of Butte County from taking further proceedings in a civil action brought by the real party in interest, respondent Seger, against the defendants Ukropina-Polich-Kral and W. H. Darrough & Sons, a joint venture, and Maryland Casualty Company, its surety, the petitioners herein.

The facts, as disclosed by the petition, indicate that the *300 joint venture entered into a contract with the United States government to perform certain reclamation work in Butte County. As required by title 40 U.S.C.A., § 270a et seq. (formerly known as the Heard Act, but now known as the Miller Act), a payment bond was issued by the petitioner Maryland Casualty Company, for the protection of all persons furnishing work, labor, or materials to the joint venture.

Thereafter, Seger entered into a contract with the joint venture by the terms of which Seger agreed to perform a certain portion of the work. As his work progressed, Seger was compelled to alter his plans and work schedules, which he alleged increased his costs, thereby entitling him to an additional sum. He thereafter presented a claim to the joint venture. Only a small amount of…