Merion Township School District v. Evans

Opinion by

Mr. Justice Simpson,

The caption of this case is the “School District of Lower Merion Township, to the use of Bernard McCabe and Thomas McCabe, copartners, trading as Rock Hill Quarry, v. George H. Evans, Inc., [hereinafter called the contractor], and The Ætna Casualty and Surety Company.” The court below entered judgment for want of a sufficient affidavit of defense, and defendants now appeal.

The contractor, who was the successful bidder for the erection of a schoolhouse, gave to the school district two bonds, with the other defendant as surety, and thereupon obtained the contract.…