Commonwealth v. National Surety Co.

Opinion by

Linn, J.,

Appellant surety company denies liability on its bond on the ground that suit was brought too late; no other question is involved; the answer depends on whether the amendatory act of May 16,1921, P. L. 650, is retroactive.

The bond was given to the Commonwealth pursuant to the Act of May 31, 1911, P. L. 468, by a contractor for the construction of a state highway; the contractor failed and its receiver completed the work. The use-plaintiff had furnished to the contractor materials used in the highway but not paid for. Completion of the contract and final settlement by the…