Commonwealth ex rel. Pandolfo v. Pavia Co.

Opinion by

Mr. Justice Bell,

This appeal involves a very narrow question. Is a surety liable for unpaid rental on a power shovel which was leased to defendant contractor by the use plaintiff, and used by defendant contractor in the construction of a portion of the state highway in Allegheny County?

Pursuant to the Act of June 1, 1945* contractors engaged in state highway construction must furnish a surety bond for completion and a surety bond conditioned for the prompt payment of all material furnished and labor supplied in connection with the prosecution of the work. The bond which was…