Maryland Casualty Co. v. Darby Township

Sweney, P. J.,

— This is a declaratory judgment action, in which the trial judge entered an order in favor of defendant and exceptions filed by plaintiffs have been argued before the court en banc.

The facts are not in dispute. The Township of Darby entered into a contract with one W. J. Gregory, Jr., for certain road repairs on a unit basis of $7.77 per square yard, at an estimated aggregate cost of $2,500. In anticipation of extra work and possible State aid, the township allocated the sum of $4,000 in its budget for these repairs. The Maryland Casualty Company, hereinafter called Maryland,…