Bunce v. Franklin Odd Fellows Hall Ass'n
Superior Court of Pennsylvania
Appeal, No. 66, April T., 1916, by defendant, from judgment of C. P. Yenango Co., Nov. T., 1913, No. 29, on verdict for plaintiff in case of W. D. Bunce v. Franklin Odd Fellows Hall Association and S. A. Moore, Contractor. Scire facias sur mechanics’ lien. Before Criswell, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $835.52. 'Defendant appealed.
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Appeal, No. 66, April T., 1916, by defendant, from judgment of C. P. Yenango Co., Nov. T., 1913, No. 29, on verdict for plaintiff in case of W. D. Bunce v. Franklin Odd Fellows Hall Association and S. A. Moore, Contractor. Scire facias sur mechanics’ lien. Before Criswell, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $835.52. 'Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff filed a lien for the materials furnished to a hall erected by defendant. There is no dispute as to the lien but the owner contends it has a set-off to plaintiff’s claim in that the claimant is liable as one of the bondsmen of the general contractor who erected the building and that by reason of the default of the contractor the liability of the plaintiff as one of the bondsmen became fixed and the bond being joint and several a set-off arises.
The question therefore to be determined is whether the bondsmen are liable upon their bond. Article 5 of the.…
2Cases cited1 opinion
- Jacobsohn v. CareySuperior Court of Pennsylvania · 1915