Tarentum Realty Co. v. McClure
Supreme Court of Pennsylvania
Appeal, No. 184, Oct. T., 1910, by American Surety Company, defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1906, No. 33, on verdict for plaintiff in case of Tarentum Realty Company v. Frank P. McClure and the American Surety Company of New York. Suit on a bond taken to insure the performance of a building contract. Before Frazer, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 184, Oct. T., 1910, by American Surety Company, defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1906, No. 33, on verdict for plaintiff in case of Tarentum Realty Company v. Frank P. McClure and the American Surety Company of New York. Suit on a bond taken to insure the performance of a building contract. Before Frazer, P. J. The opinion of the Supreme Court states the facts. The defendant asked the court to charge as follows: 1. Under all the evidence the verdict should be for this defendant. Answer: Refused. [3] 2. If the jury believe that no extension was…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is a suit on a bond taken to ensure the performance of a building contract. The defense is that the ob-ligee disregarded certain conditions of the bond requiring notice of defaults and the holding of retained percentage. The principal default relied on, notice of which was not given within thirty days, was the failure to complete the building at the time specified in the contract. This needs an explanation. The building contract was between McClure, one of the appellants, and the Tarentum Realty Company, the appellee. It was dated July 1, 1905, and provided…
2Cases cited1 opinion
- Commonwealth v. Fidelity & Deposit Co.Supreme Court of Pennsylvania · 1909
3Cited by3 opinions
- Twp. of Mt. Lebanon v. Metropolitan Casualty Ins. Co. of New York.Superior Court of Pennsylvania · 1932
- Brooke v. American Savings BankSupreme Court of Iowa · 1927
- Commonwealth v. RamseySupreme Court of Pennsylvania · 1934