Didier

The appeal arises out of one judgment entered with respect to two separate actions brought by Mildred Didier, as administratrix of the estate of her husband, Michael E. Didier, deceased, who, at the time of death on February 22, 1961, was licensed as a general construction contractor, doing business under the name of M. E. Didier Company. In one case (SWC 4090) American Casualty Company of Reading, Pennsylvania (American) is the defendant; in the other ease (SWC 4092) United States Fidelity and Guaranty Company (U.S.F. & G.) is the defendant. In each action plaintiff asked for declaratory relief and for judgment that each defendant holds funds as constructive trustee for her late husband’s probate estate.

In 1960 plaintiff’s intestate was the successful bidder on two separate school building projects. 1 Thereafter he entered into contracts which obligated him to furnish two sets of surety bonds for each project. The material and labor and faithful performance bonds on the Los Angeles City High School District project (University High School and Alexander Hamilton High School) were furnished by American. Prior thereto M. E. Didier and his wife Mildred Didier (plaintiff herein)…