Commonwealth, for Use v. Baldwin Bros Co

Opinion by

Keller, P. J.,

This case is to be determined upon the general principles of equity which govern in subrogation. The doctrine of subrogation is of purely equitable origin. Its application is always controlled for the promotion of justice. It will never be enforced therefore to defeat a superior or even an equal equity in another: Robeson’s App., 117 Pa. 628, 633, 12 A. 51; Royal Arcanum v. Cornelius, 198 Pa. 46, 50, 47 A. 1124.

The facts may be summarized as follows: On May 16, 1932 the Secretary of Highways of Pennsylvania awarded The Baldwin Brothers Company—hereinafter called…