Pennsylvania Turnpike Commission v. U. S. Fidelity & Guaranty Co.

Opinion by

Mr. Justice Drew,

This action in assumpsit was brought by Pennsylvania Turnpike Commission, to the use of John A. Al-bright, appellee, against United States Fidelity & Guaranty Company, appellant, surety on a labor and materialmen’s bond given by Union Paving Company to the Turnpike Commission. To the Guaranty Company’s affidavit of defense and amended affidavit of defense, Albright filed a reply raising questions of law, which was sustained by the learned court below. Judgment was, therefore, ordered to be entered in favor of Al-bright, and this appeal followed the entry of that…