Dravo-Doyle Co. v. Royal Indemnity Co.

Opinion by

Mr. Justice Chidsey,

The lower court sustained preliminary objections to the plaintiff’s complaint in assumpsit and gave the plaintiff fifteen days in which to amend in order to allege that it had the right to a lien. Upon failure to amend, judgment was entered for the defendant. This appeal is from the entry of that judgment.

The question here involved is one of law and there is no dispute regarding the facts. Plaintiff, DravoDoyle Company, is an unpaid materialman. Defendant is a surety for a subcontractor which is now bankrupt.

Bechtel International Corporation, the general…