City of Pgh. v. Commercial Casualty Ins.

Opinion by

Cunningham, J.,

This action was brought by the use-plaintiff, a ee ment company, on a surety bond executed by the defendant insurance company, in connection with the construction of a sewage system in the City of Pittsburgh, to recover the price of cement supplied to, and used in the work by, Southern Construction and S’upply Company, the contractor with the city. Defendant filed an affidavit of defense in lieu of a demurrer, averring that the use-plaintiff had no right of action on the bond, and was sustained in this contention by the court below, hence this appeal by the cement…