City of Lancaster v. Frescoln
Supreme Court of Pennsylvania
Appeal, No. 74, Jan. T., 1899, by defendants, from order of C. P. Lancaster Co., March T., 1898, No. 4, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The bond was given by a contractor to a city and recited that the contractor should perform his work, pay his laborers and pay for the materials used.
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Appeal, No. 74, Jan. T., 1899, by defendants, from order of C. P. Lancaster Co., March T., 1898, No. 4, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The bond was given by a contractor to a city and recited that the contractor should perform his work, pay his laborers and pay for the materials used. The use plaintiffs alleged that the contractor owed them for work done and materials furnished. The affidavit of defense was as follows : And now, March 15,1898, comes the…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
This, action is upon a bond given to secure the compliance by S. W. Frescoln with the provisions of a contract into which he entered with the city of Lancaster for the construction of a reservoir. The contract provides among other things that Frescoln shall pay or secure the wages for labor and the price of materials used. The conditions of the bond are that he shall complete the work in a satisfactory manner; that he shall pay or secure the wages of laborers and the price of materials, and that he shall not employ alien labor. The action is brought in the name of…
2Cited by23 opinions
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- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
- Atlantic Refining Co. v. Continental Casualty Co.District Court, W.D. Pennsylvania · 1960
- Commonwealth v. Fidelity & Deposit Co. of MarylandSupreme Court of Pennsylvania · 1946
- Erie v. DiefendorfSupreme Court of Pennsylvania · 1923
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