C. M. Eichenlaub Co. v. Fidelity & Deposit Co.

*13CERCONE, President Judge:

Appellant, C. M. Eichenlaub Company, Inc., a subcontractor, brought an action in assumpsit on July 10, 1979, against the general contractor, Cocivera Construction Company, and against Fidelity & Deposit Company of Maryland, the surety, seeking payment for labor and materials supplied pursuant to its subcontract agreement with the general contractor. Under the subcontract agreement, appellant was to provide factory built cabinets and other items for the War-minster Township Free Library. Cocivera Construction Company failed to defend and judgment by default in favor of…