City of Los Angeles v. Meline

WHITE, J., pro tem. The City of Los Angeles, a municipal corporation, appeals from a judgment against it and in favor of the defendants growing out of an action based upon a bond to plaintiff as obligee, executed by defendants Frank L. Meline, Leonore M. White and Henry Lichtig, as joint trustees for the Franklin Park Company, a trust, as principals, and by defendant American Surety Company of New York as surety, guaranteeing the completion of certain street work to be performed by the principals.

[523]The defendants Frank L. Meline and Leonore M. White, together with Leslie C. Speer, as joint trustees for the Franklin Park Company, owners of a certain tract of land within the city limits of plaintiff, submitted to plaintiff for filing and acceptance a subdivision map, designating the property as tract number 7982, for the purpose of laying said tract out in certain streets and residential lots shown on the map.

The plaintiff exacted of the said defendants and said Speer as principals, and of defendant Frank L. Meline and one Violet Reed Urson, as sureties, a bond, which was executed by the principals and the sureties on June 14, 1924. Said bond provided in part as follows:

“The Condition of the above obligation is such that said principal and sureties do jointly and severally agree to construct, install and to complete such construction and installation within a period of three (3) years from the date hereof, such curbs and gutters as may be recpiired by the City of Los Angeles or the proper officers thereof in that certain tract of land known as the Franklin Park Tract, being Tract No. 7982, such construction work to be performed in accordance with the specifications for said type of construction on file in the office of the City Engineer of said City and under the supervision of said City Engineer, and subject to his approval, then the above obligation to be void, otherwise t.o remain in full force and virtue.”

The work contemplated by said bond not having been fully performed by January 24, 1928, the plaintiff required a further bond, which was executed by defendants Frank L. Meline, Leonore M. White and Henry Lichtig as joint trustees of the Franklin Park Company, as principals, and by said American Surety Company of New York as surety, which bond was in part as follows:

“The condition of the foregoing obligation is such that