Commonwealth ex rel. Roger E. Gerhart, Inc. v. Coopersmith Bros.

Opinion

Per Curiam,

This is an appeal by defendants from a judgment entered on a verdict in favor of the use plaintiff. Action was brought by the Commonwealth to the use of Roger E. Gerhart, Inc., the sub-contractor (appellee) against Coopersmith Bros., Inc., the contractor, and Fireman’s Fund Insurance Company, the contractor’s *609surety (appellants) to recover for work done under a contract for the construction of a highway and bridge.

The main issue on appeal concerns the admission in evidence of the contents of a telephone conversation between appellee’s president and a third party as to the…