American Surety Co. of New York v. City of Santa Barbara

The American Surety Company, appellant, executed a bond on behalf of George A. Simpson Company, contractor, for the benefit of laborers and materialmen furnishing labor or material for the street work which the contractor was to perform under and in pursuance of a contract with the street superintendent of the city of Santa Barbara, Cal., executed under the authority of and in

*770 compliance with the provisions of the Street Improvement Act of 1911 (Stats. 1911, p. 730, amended Stats. 1913 pp. 57, 78, 356, 540; Stats. 1915, p. 1464; Stats. 1919, pp. 480, 554; Stats. 1921, p. 217, et seq.; 1923, pp. 101, 114, 296) by virtue of the proceedings instituted by the city authorities of the city of Santa Barbara for the improvement of Chapala street between Montecito and Anapamu street, and certain other streets more particularly specified in the proceedings in the resolution of intention and contract. The bond was conditioned in accordance with the provisions of section 19 of said act. The surety company also' executed a bond for the faithful performance of the work covered by said contract. The contract price was about $134,893.98. The bond for the faithful performance of the work was…