Schenker v. Indemnity Insurance Co. of North America

Opinion by

Mr. Justice Patterson,

This is an action of assumpsit instituted by Martin Schenker, appellant, against the Indemnity Insurance Company of North America, appellee, on an alleged oral agreement to become a surety. From judgment n. o. v. entered in favor of the Indemnity Company, Schenker appeals.

Having received notification, on November 17, 1936, that a proposal submitted by him to the county commissioners of Erie County, Pennsylvania, for the construction of the Erie County Tuberculosis Hospital, had been accepted, appellant, on the following day, November 18, 1936, made written…