Commonwealth v. A. Stryker, Inc.

Opinion by

Stadtfeld, J.,

This is a suit upon a contractor’s bond. A. Stryker, Inc., as contractor, was awarded a contract, dated June 7, 1929, by the Secretary of Highways, for the construction of a state highway located in Exeter Township, Berks County. At the same time, A. Stryker, Inc., and National Surety Company, executed and delivered to the Commonwealth as obligee, a surety bond conditioned, inter alia, for the payment of all labor and materials furnished “in and about the construction of said highway.”

The highway was built under said contract. By order of court on May 8, 1931, Howard…