City of Phila. to Use v. Stange

Opinion by

Keller, J.,

This was an action by a subcontractor, wbo hauled dirt used in filling a city street to grade, against the contractor and his surety. It was brought on a bond given pursuant to an ordinance of the City of Philadelphia requiring the contractor for the erection, construction, etc., of public work to execute an additional bond conditioned for the payment to persons performing labor or furnishing materials in and about said work of all sums of money due them by reason thereof. After completing his subcontract Siciliano assigned his claim against the contractor to Woehling.

The…