The opinion
THE COURT.
The petition for a rehearing is denied. .
Appellant contends in the petition • for a rehearing that the Noyes Marble & Tile Company, is not entitled to judgment because its stop notice was not filed in time. This point was not urged in the original briefs. There is, however, no merit in this contention. The Noyes Marble & Tile Company had thirty days after filing of notice of completion of contract within which to file its stop notice. (Bird v. American Surety Co., 175 Cal. 625 [ 166 Pac. 1009 ]; Hughes Mfg. Co. v. Hathaway, 174 Cal. 44 [ 161 Pac. 1159 ]; Simons Brick Co. v. Hetzel et al., 72 Cal. App. 1 [ 236 Pac. 657 ].)
The notice of completion was not filed until May 9, 1925, and said stop notice was filed June 8, 1925; therefore, the stop notice was in time and the surety is liable to Noyes Marble & Tile Company.