Commonwealth v. Empire State Surety Co.
Superior Court of Pennsylvania
Appeal, No. 1, Feb. T., 1912, by plaintiff, from judgment of C. P. Clinton Co., July T., 1910, No. 124, for defendant in case of Commonwealth to use of Joseph B. Strunk v. Empire State Surety Company. Assumpsit on a bond.
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Appeal, No. 1, Feb. T., 1912, by plaintiff, from judgment of C. P. Clinton Co., July T., 1910, No. 124, for defendant in case of Commonwealth to use of Joseph B. Strunk v. Empire State Surety Company. Assumpsit on a bond. Hall, P. J., filed the following opinion: On June 4, 1909, E. M. Good entered into a contract with Joseph W. Hunter, state highway commissioner, for the improvement of a certain section of highway in the township of Lamar, Clinton county, extending from the borough line of Mill Hall to the bridge over Cedar Run, a distance of about 7,310 feet, under the provisions of the Act…
1Opinion of the Court
Opinion by
Head, J.,
This appeal and the two following were argued together because the controlling questions in all are identical, save only that in the appeal of Tevling, infra, p. 000, the right of recovery is specially challenged on the ground that the articles, for the price of which he sues, were not “material furnished in or about the construction of the highway” within the meaning of the bond on which he bases his action. The learned judge below entered judgment non obstante veredicto for the defendant in each case, and in an opinion filed states at length the reasons supporting such…
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- Commonwealth Ex Rel. Schooley v. Aetna Casualty & Surety Co.Superior Court of Pennsylvania · 1931
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