Com. v. Consolidated Indemnity & Insurance

Opinion by

Trexler, P. J.,

This is an action of assumpsit to recover upon a statutory bond for labor and material furnished in the construction of a state highway Act of 1929, P'. L. 1590 (36 P. S. 142). The plaintiff filed his statement of claim and the defendant answered with an affidavit of defense in the nature of a demurrer. The c'ourt below sustained the demurrer as to part of plaintiff’s claim and as to such part entered judgment for defendant. Plaintiff was a sub-contractor with the DePaul Construction Company to whom the Secretary of the Highways awarded the general contract for the…