Snedaker & Co. v. Wayne Title & Trust Co.

Keller, P. J.,

Opinion by

This is an instance where legal procedure intended to simplify and expedite litigation has been used to complicate and delay it.

The action was a simple one in assumpsit, (brought March 11, 1938, writ served on defendant with a copy of plaintiff’s statement on March 18, 1938), on a written contract, in the nature of an insurance contract, under which the defendant became surety to the plaintiff, a sub-contractor, for the payment of the agreed contract price by the general contractor, who was building a house for one Stanley J. Miller and his wife. The plaintiff had…