Newman v. Globe Indemnity Co.

Opinion by

Mr. Justice Sadler,

The Commonwealth of Pennsylvania awarded to Woy Brothers a contract for the construction of a highway, and the Globe Indemnity Company became their surety for the faithful performance of the work. Certain machinery, the subject of the present action of replevin, was thereafter purchased by the contractors, and a part of the consideration paid. On March 9, 1920, there remained due the sum of $2,073. Negotiations to secure funds to satisfy the balance of the claim were entered into with Newman, plaintiff here, and culminated in the *376purchase of the property in…