California Court of Appeal January 9, 1963, Civ. 6902 (Ferry v. Ohio Farmers Insurance)

COUGHLIN, J.

— This is an action by a material-man against a surety on a contractor’s bond to recover the alleged unpaid portion of an indebtedness for materials furnished at the request of the contractor. The ease was heard upon a stipulation of facts, from which it appears that a contractor named Posey agreed to do certain construction work upon property owned by a corporation named C. E.