Commonwealth v. Piel Construction Co.

Opinion by

Mr. Chief Justice Moschzisker,

Tbe question here involved is whether, under tbe provisions of section 13 of tbe Act of May 31, 1911, P. L. 468, as amended by tbe Act of May 16, 1921, P. L. 650, plaintiff, who furnished the Piel Construction Co. with materials and supplies used in making a state highway, prematurely brought suit, in tbe name of tbe Commonwealth for bis own use and benefit, on a contractor’s bond, when there bad been a completion of tbe contract, but no final settlement between tbe contractor and tbe Commonwealth.

If the suit was premature, tbe court below bad no…