Edward G. Budd Mfg. Co. v. Ætna Casualty & Surety Co.
District Court, E.D. Pennsylvania
At law. Action by the Edward G. Budd Manufacturing Company against the .¿Etna Casualty & Surety Company. There was a directed verdict for defendant, and plaintiff moves for a new trial..
1Opinion of the Court
THOMPSON, District Judge.
The plaintiff made a contract with Joseph S. Miller for the labor and material required for furnishing a complete electric installation for lighting, power, and fixtures in three new buildings it was then erecting. The contract price was $14,487.
The defendant became surety in the sum of $7,243.50 for Miller’s faithful performance of the contract. Before Miller commenced performance, he became bankrupt and was unable to proceed with the contract. Thereupon the surety company, being liable for his performance to the amount of its obligation, entered into a contract with…
2Cases cited1 opinion
- Swain v. SeamansSupreme Court of the United States · 1870
3Cited by1 opinion
- N. E. Redlon Co. v. Franklin Square Corp.Supreme Court of New Hampshire · 1937