Clydesdale Brick & Stone Co. v. Globe Indemnity Co.

Opinion by

Gawthrop, J.,

Plaintiff, a subcontractor, sought to recover from the contractor’s surety a balance due for materials furnished by plaintiff in the course of construction of a section of highway under the State Highway Act of May 31,1911, P. L. 468. The court below made absolute a rule for judgment for want of a sufficient affidavit of defense, and defendant brings this appeal. The only questions raised by the assignments of error are as follows: 1. Was the affidavit of defense sufficient to prevent judgment? 2. Can a subcontractor recover against the surety on a bond given the…