Altoona Central Bank & Trust Co. v. American Casualty Co.

Opinion by

Mr. Justice Eagen,

A contractor defaulted on a construction contract. In this action, the owner and the financing agency sued the contractor’s surety on the performance bond. The surety filed a third-party complaint to bring upon the record, as an additional defendant, the architect who allegedly issued certificates for work not performed in connection with the construction, or which had been inefficiently performed. The lower court sustained preliminary objections to this complaint from which order the surety appeals.

The action of the court below was correct. The architect was not a…