Park Paving Co. v. Kraft
Supreme Court of Pennsylvania
Appeal, No. 29, Jan. T., 1918, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1908, No. 38, for defendant, in case tried by a judge without a jury, in case of The Park Paving Co. v. George H. Kraft and Curtis Johnson, now by substitution James D. Johnson and Elizabeth Johnson Duddenhoeffer, Executors of Curtis Johnson, deceased. Assumpsit on two bonds given to secure the performance of street paving contracts.
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Appeal, No. 29, Jan. T., 1918, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1908, No. 38, for defendant, in case tried by a judge without a jury, in case of The Park Paving Co. v. George H. Kraft and Curtis Johnson, now by substitution James D. Johnson and Elizabeth Johnson Duddenhoeffer, Executors of Curtis Johnson, deceased. Assumpsit on two bonds given to secure the performance of street paving contracts. Before Whittelsey, J. The opinion of the Supreme Court states the fact. The court found in favor of the executors of Curtis Johnson, the surety on the bonds, and entered…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is an action of assumpsit on two bonds given to secure the performance of street paving contracts. It was heard by the-court, jury trial having been waived.On August 12, 1903, plaintiff,-a contracting corporation located at Rochester, Pa., entered into a written contract with the City of Corry, Erie County, for the construction of a brick pavement in Center street. The work was to be commenced on ten days’ notice from the city engineer and completed within ninety days thereafter. Later, on September 11, 1902, plaintiff entered into a *180written contract with…
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