General State Authority v. John McShain, Inc.

Opinion by

Cunningham, J.,

A defendant in an action of assumpsit pending in the court below has appealed from an order of that court directing that the controversy involved be submitted to arbitration.

These material facts appear from the petition, answer, and replication:

On December 31, 1937, The General State Authority of the Commonwealth entered into a contract with John McShain, Inc., the appellant herein, for the construction, alteration and repair of Harrisburg State Hospital for a consideration of $567,200; United States Fidelity and Guaranty Company became surety upon the “Labor and…