Commonwealth ex rel. Fort Pitt Bridge Works v. Continental Casualty Co.

Opinion by

Mb. Justice Musmanno,

Fort Pitt Bridge Works, hereinafter referred to as Fort Pitt, sold and delivered to A. J. Marsolino 2,217,-087 pounds of structural steel at 17.275 cents per pound, to be used by him in the erection of a bridge on State legislative route 798, section 3.

Marsolino had executed a labor and material bond in favor of the Commonwealth in order to secure the payment of the materials furnished in the prosecution of this state work, such bond being required by the Act of June 1, 1945, P. L. 1242, as amended, 36 P.S. §670-404. The defendant, Continental Casualty Co., was…