Colella v. Allegheny County

Opinion by

Mr. Justice Bell,

Plaintiff, a contractor, filed a bill of complaint in equity against the.County of Allegheny .seeking a. cam cellation and return of its bid bond. The County of Allegheny brought in, pursuant to petition and order of the Court, the Fidelity and Deposit Company of Maryland, which was surety on the bid bond. The County of Allegheny subsequently filed an answer and new matter in which it demanded from the plaintiff and his surety damages in the amount of $69,100, being the actual loss suffered by it, of which amount plaintiff as principal and his surety were liable…