Independent Bridge Co. v. Ætna Casualty & Surety Co.

Opinion by

Mr. Justice Maxey,

This is an action of assumpsit by a third party against the surety on a construction contract bond which was conditioned among other things that the principal should pay certain claims of third parties. On or about April 15, 1925, the Independent Bridge Company contracted witli or employed the H. B. Mish Company, a Pennsylvania corporation, as a subcontractor to provide materials and to construct the substructure and bridge approaches of a highway bridge known as the Inter-county Bridge over the Monongahela Biver near Masontown, joining Payette and Greene Counties.…