Commonwealth v. Ætna Casualty & Surety Co.

Per Curiam,

Appellant, plaintiff in the court below, seeks to recover for the cost of materials furnished for the construction of part of Route 545, Pennsylvania State Highway, and actually incorporated in the highway. Appel-lee is surety on the bond given by the general contractor to the Commonwealth of Pennsylvania, to secure construction of the road in question. The proceeding comes before us in the form of a case-stated by which it appears the use-plaintiff, the American Steel & Wire Company, sold and delivered to the firm of Coss & Otto, general contractor and principal on the bond,…