Commonwealth v. Union Indemnity Co.

Opinion by

Mr. Justice Schaefer,

These proceedings in the court below ultimately took the form of two cases stated in which there was submitted for determination whether, under a bond given to the Commonwealth by the contractor for the building of a state highway in pursuance of section 13 of the Act of May 31, 1911, P. L. 468, as amended by the Act of May 16, 1921, P. L. 650, the condition of which is that the surety “shall well and truly pay for all material furnished and labor performed in and about the construction of said highway,” the surety is required to pay for gasoline, ray-o-lite and…