Elizabethtown Borough v. Savastio Construction, Inc.

Bowman, J.,

New Amsterdam Casualty Company, corporate surety on a labor, material and rental payment bond, seeks judgment on the pleadings in a suit against it and its principal, Savastio Construction, Inc., brought by use-plaintiff, Vulcan Materials Company, for the unpaid balance of the cost of concrete pipe supplied by use-plaintiff to Savastio incident to a public works contract between Savastio and the Borough of Elizabethtown.

The pleadings consist of plaintiff’s complaint, New Amsterdam’s answer thereto containing new matter and plaintiff’s reply to new matter.

A motion for judgment on…