Rayner v. Jones

Foote, C. — The complaint filed in this action is in this language: —

"Plaintiffs above named, complaining of defendants above named, for cause of complaint aver and allege that on, to wit, the eighth day of February, 1881, at, to wit, the city and county of San Francisco, state of California, the said defendants, for a valid and valuable consideration, made and executed their undertaking in writing, a copy whereof is hereto annexed and made a part of this complaint; that in and by the terms of said undertaking it is stipulated and expressed that defendant Jones (the principal in said undertaking) agrees to furnish to these plaintiffs certain Texas land-warrants for three thousand two hundred (3,200) acres of laud, said warrants to be of the nature and character more particularly specified in said undertaking (and to be deposited by said defendant Jones on or before the first day of April, A. D. 1881, at the banking-house of John Bremon, in the city of Austin, in said state of Texas); that the condition therein specified, to wit, the deposit of said Texas land-warrants, has not been fulfilled and carried out by said defendant Jones, or by any of or either of said defendants, and said defendant Jones has wholly failed and neglected to comply with the said condition on or before said first day of April, 1881, or at any timé, and still fails and neglects to comply with the same; that by reason of the neglect and refusal of said defendant Jones to comply with the condition of said undertaking, as aforesaid, there was and became due on, [80]to wit, the second day of April, A. D. 1881, to these plaintiffs from these defendants, under and by the terms of said undertaking, the sum of four thousand eight hundred dollars, which sum, or any part thereof, the said defendants then, and ever since then, have wholly failed and refused to pay, and still so fail, neglect, and refuse; wherefore plaintiff prays for judgment against said defendants in the sum of four thousand eight hundred dollars, and for their costs.”

The bond mentioned therein is as follows: —

“Know all men by these presents, that we, C. J. Jones, and J. 0. Fisk and J. C. Beatty as sureties, parties of the first part, are held and firmly bound unto William Rayner and Maggie Rayner, his wife, of the city of San Francisco, state of California, party of the second part, in the sum of four thousand eight hundred ($4,800) dollars, gold coin of the United States of America, to be paid to the executors, administrators, or assigns, for which payment well and truly to be made we bind ourselves, heirs, executors, administrators, firmly by these presents. Sealed with our seals, and dated the eighth day of February, A. D. one thousand eight hundred and eighty-one.