Sundheim v. Philadelphia School District

Opinion by

Mr. Justice Kephart,

The question involved in this appeal concerns the right of a surety, who has paid the claims of labor and materialmen, to funds in the hands of the owner as against the claims of other creditors.

In 1929 the Weiss Construction Company, hereinafter called contractor, entered into three separate contracts dated January 7th with the School District, of Philadelphia, hereinafter called owner, for the construction of three school buildings. The contracts authorized the owner to notify the contractor to discontinue work under the contract in case he neglected, delayed,…