Independent Bridge Co. v. Aetna Casualty & Surety Co.

Opinion by

James, J.,

This is an action of assumpsit by a materialman against the surety on a bond. At the trial the court directed a verdict for plaintiff for the full amount claimed and later refused defendant’s motion for a new trial and' judgment n. o. v. and final judgment was entered in favor of the plaintiff, from which judgment this appeal was taken.

In April, 1925, Greene and Fayette Counties awarded to Independent Bridge Company a contract to build a bridge across the Monongahela River at Masontown. On April 15, 1925, the bridge company sublet the work of building the substructure and…