Hostetter v. City of Pittsburgh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Beaver county: Of October and November Term, 1884, No. 183. Debt, by the city of Pittsburgh against David Hostetter, as surety on tbe bonds of Andrew Hartupee, who had entered into two contracts with the city of Pittsburgh for the erection of pumping engines to be used in supplying tbe city with water.
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Error to the Court of Common Pleas of Beaver county: Of October and November Term, 1884, No. 183. Debt, by the city of Pittsburgh against David Hostetter, as surety on tbe bonds of Andrew Hartupee, who had entered into two contracts with the city of Pittsburgh for the erection of pumping engines to be used in supplying tbe city with water. The conditions of the bonds were that Hartupee should “ well and truly keep and perform all the terms and conditions of the said contracts on his part to be kept and performed.” Tbe material parts of tbe contracts were as follows: “ The said party of the…
1Opinion of the CourtChief Justice Mercur
This judgment was recovered against the plaintiff in error on his bonds as surety of Hartupee. The latter had contracted to build for the city of Pittsburgh, certain graduating plunger pumping engines, according to the terms of two contracts between them. Each bond was conditioned that Hartupee should “ well and truly keep and perform all the terms and conditions of the said contract on his part to be kept and performed.”
The contracts and specifications designated the quality and strength of the iron to be used, and provided that the whole machinery should be constructed in a neat,…
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