Morris

This action was brought by the appellees to recover upon the contract of guaranty of the appellant. On November 1,1930, the appellees leased certain real property belonging to them, situated in the city and county of San Francisco, for the purpose of the construction and operation of a miniature golf-course on said premises. Chester A. Morris, the lessee, entered into a contract with Barrett & Hilp for the construction of such miniature golf course on said premises belonging to the appellees, and agreed to pay therefor upon a cost plus a fixed fee ($500') basis. The appellant indorsed on said building contract a guaranty as follows: “I hereby guarantee the payment of any balance that may be due Barrett & Hilp and agree to pay the same within 70 days after completion of said golf course.”

The lessee, Chester A. Morris, paid $1,-250 on account of said contract and no more. The appellant, guarantor, failed to pay the balance due upon the building contract, whereupon the contractors filed a claim of lien in the office of the county recorder and assigned the claim of lien to the Credit Clearance Bureau which in due time brought an action to foreclose the mechanics’ lien. Before the…