Commonwealth Ex Rel. Schooley v. Aetna Casualty & Surety Co.

Opinion by

Gawthrop, J.,

This is an appeal by the use plaintiff from a judgment for the defendant on a question of law raised by its affidavit of defense.

William M. Moser had a contract with the Commonwealth of Pennsylvania to furnish and deliver all materials and to perform all work and labor in the improvement of a certain section of state highway by the construction of a concrete road, including two bridges, which were also to be built of concrete. The contractor gave to the Commonwealth a bond, on which the Aetna Casualty and Surety Company, defendant, was surety, conditioned for the…