Lowry v. Roy
Supreme Court of Pennsylvania
Appeal, No. 139, Oct. T., 1912, by plaintiffs, from judgment of C. P. Cambria Co., Dec. T., 1909, No. 499, on verdict for Title Trust and Guarantee Company of Johnstown, in case of Frank Lowry and E. M. Mack, trading and doing business under the firm and co-partnership name of Lowry and Mack v. Charles Roy and The Title, Trust and Guarantee Company of Johnstown, Pa. Assumpsit on a bond. Before O’Connor, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 139, Oct. T., 1912, by plaintiffs, from judgment of C. P. Cambria Co., Dec. T., 1909, No. 499, on verdict for Title Trust and Guarantee Company of Johnstown, in case of Frank Lowry and E. M. Mack, trading and doing business under the firm and co-partnership name of Lowry and Mack v. Charles Roy and The Title, Trust and Guarantee Company of Johnstown, Pa. Assumpsit on a bond. Before O’Connor, J. The facts are stated in the opinion of the Supreme Court. The court charged in part as follows: “If you find that a contemporaneous parol agreement was entered into, and that relying solely…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an .action of assumpsit by Frank Lowry and E. M. Mack, doing business as Lowry & Mack, against Charles Roy, as principal, and the Title, Trust and Guarantee Company of Johnstown, Pa., as surety upon a bond in the sum of $5,000, dated August 12,1908, given to the plaintiffs to insure the faithful performance of a contract between them and Roy. This was a sub-contract which covered the excavation and refilling of a ditch' or trench for the laying of a line of water pipe for the Windber Water and Power Company and it provided that the work should be done in…
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