Tetz

This is an action by a surety company, appellant, to recover from its principal, appellee, the amount paid by it on account of a surety bond executed by it on behalf of the copartnership of Godfredson & Tetz, composed of C. Godfredson and R. Tetz, for the faithful performance of a contract for the construction of waterworks and for the payment of labor and other claims resulting therefrom for the town of La Conner, in the state of Washington.

In a suit prosecuted by appellant to determine its liability under the bond to various claimants, judgment was procured July 14, 1932, in a superior court in the state of Washington against the appellant for the amount of $15,706 with costs amounting to $65, which it paid. The appellant seeks to recover this amount from the appellee R. Tetz, his partner C. God *684 fredson being insolvent, and $699.36 in addition for expenses incurred in the trial of said action, together with interest on both amounts.

The appellant alleges that C. Godfredson and R. Tetz were copartners; that they entered into the bond and the contract for the work therein.specified as such copartners.

The case was tried by the court; the jury having been expressly waived…