Philadelphia v. Ray
Supreme Court of Pennsylvania
Appeal, No. 180, Jan. T., 1920, by defendants, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1917, No. 4452, on a verdict for plaintiff in ease of City of Philadelphia v. Chester P. Ray, Receiver of the Newton Paving Company, and the United States Fidelity & Guaranty Company. Assumpsit by a municipality on a paving contract and tbe accompanying bond of a surety company.
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Appeal, No. 180, Jan. T., 1920, by defendants, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1917, No. 4452, on a verdict for plaintiff in ease of City of Philadelphia v. Chester P. Ray, Receiver of the Newton Paving Company, and the United States Fidelity & Guaranty Company. Assumpsit by a municipality on a paving contract and tbe accompanying bond of a surety company. Before Wessel, J. The plaintiff sought to recover tbe difference between tbe contract price and tbe amount actually paid under a subsequent contract with another company for tbe same work after tbe defendant company bad…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The Newton Paving Company, whose receiver in bankruptcy is one of the defendants in this case, entered into a contract with the City of Philadelphia for the paving of a public street, and gave to-the city a bond conditioned for the faithful performance of the contract, with the other defendant, the United States Fidelity and Guaranty Company, as surety thereon. The contract provided, inter alia, that the binder, consisting of stone and asphaltic cement, should be so made as to “contain bitumen in quantity from three to five per cent of the mixture.” The paving…
2Cases cited7 opinions
- Second National Bank v. HoffmanSupreme Court of Pennsylvania · 1911
- Young v. American Bonding Co.Supreme Court of Pennsylvania · 1910
- Bensinger v. WrenSupreme Court of Pennsylvania · 1882
- Nesbitt v. TurnerSupreme Court of Pennsylvania · 1893
- James H. Harlow & Co. v. Borough of HomesteadSupreme Court of Pennsylvania · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Nanty-Glo Boro. v. American Surety Co.Supreme Court of Pennsylvania · 1932
- McClelland v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1936
- Trustees of Methodist Episcopal Church of Franklin v. Equitable Surety Co.Supreme Court of Pennsylvania · 1921
- South Phila. State Bank v. National Surety Co.Supreme Court of Pennsylvania · 1926
- American Surety Co. v. Greek Catholic UnionSupreme Court of the United States · 1931
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