Conneaut Lake Agricultural Ass'n v. Pittsburg Surety Co.
Supreme Court of Pennsylvania
Appeal, No. 52, Jan. T., 1909, by defendant, from order of C. P. Crawford Co., May T., 1908, No. 123, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Conneaut Lake Agricultural Association v. Pittsburg Surety Company. Assumpsit on a bond. Before Bouton, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 52, Jan. T., 1909, by defendant, from order of C. P. Crawford Co., May T., 1908, No. 123, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Conneaut Lake Agricultural Association v. Pittsburg Surety Company. Assumpsit on a bond. Before Bouton, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
The appellant in this case was sued, in its capacity as surety upon a contractor’s bond. In the statement of claim by plaintiff it is averred that the defendant, the Pittsburg Surety Company, had duly executed and delivered to plaintiff a bond, of which a copy was attached, and by which defendant bound itself in the sum of $3,500 “for the faithful performance on the part of L. C. Klosterman & Co., of Pittsburg, Pa., of all and every the covenants, agreements and conditions to be kept and performed by the said L. C. Klosterman & Co., contained in a certain contract…
2Cases cited4 opinions
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