Valley Electric Co. v. Slagle

[82]

PEEK, J.

This is an appeal by defendant Central Surety and Insurance Corporation from a judgment in favor of plaintiff on a contract bond wherein one Harlan, a contractor, was designated as principal and defendant as surety. The judgment represented the balance due for materials furnished by plaintiff to the subcontractor, defendant Slagle doing business as Slagle Electric Company, together with interest, costs and a reasonable attorney’s fee. Defendant’s appeal presents two contentions: First, that the evidence is insufficient to support the finding of the trial court as to the balance found to be due; and second, that the court was without jurisdiction to hear the matter by reason of certain legislative enactments. From our examination of the record, we have concluded that the judgment of the trial court should be sustained.

Summarizing the evidence as we must, in favor of the conclusion of the trial court, it appears that the defendant Slagle was the electrical subcontractor under a general contract let to Harlan for the building of the Woodlake School in Sacramento County. At the request of Slagle, plaintiff furnished materials used in the construction of the school in the aggregate value of $12,851.51. The electrical installation for the school was covered by detailed plans and specifications as to the type and quantity of materials to be used. Slagle and certain of his employees, called under section 2055 of the Code of Civil Procedure, testified that other electrical jobs were then under construction, and because of its central location the Woodlake School was used to warehouse certain bulky items; that all merchandise was earmarked for a particular job and was separately ordered, invoiced, billed, used and paid for without diversion; and that every item of merchandise delivered to the Woodlake School'for use or installation therein was checked against the actual merchandise on receipt with the exception of three lots purchased under three separate inventories. However, since we are interested only in the balance of $5,415.15 representing the value of materials delivered subsequent to February 10, 1953, and since each of the three lots was delivered prior to that time, such items may be disregarded. Slagle and his employees further testified to the actual physical installation of many identifiable items. The remaining items were, in each instance, referred to as something which the job required and were of a type and quantity actually installed, but the witnesses were not able to identify them specifically as against a particular invoice, as the same comprised standard equipment. In this