Blauvelt v. Kemon
Supreme Court of Pennsylvania
Appeal, No. 412, Jan. T., 1898, by defendants, from order of C. P. No. 1, Pbila. Co., March T., 1897, No. 591, discharging rule to open judgment in case of Ethelinda Blauvelt v. Frank P. Kemon and George Rowe- Rule to open judgment. The facts appear by the opinion of the Supreme Court. Error assigned was the order of the court discharging rule to open judgment.
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Appeal, No. 412, Jan. T., 1898, by defendants, from order of C. P. No. 1, Pbila. Co., March T., 1897, No. 591, discharging rule to open judgment in case of Ethelinda Blauvelt v. Frank P. Kemon and George Rowe- Rule to open judgment. The facts appear by the opinion of the Supreme Court. Error assigned was the order of the court discharging rule to open judgment. Any alteration of a contract by the principal parties without the assent of the surety is fatal to its validity as against the surety: Bensinger v. Wren, 100 Pa. 500. A surety for the completion of work to be performed by the principal…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The question presented on this appeal is whether the court below erred in refusing to open the judgment entered on the bond. The obligors in the bond are Frank P. Kemon and George Rowe and the obligee in it is Ethelinda Blauvelt. The bond was given by the obligors to the obligee to indemnify her against loss arising from any failure of Kemon to comply with his .covenants and agreements in a contract between Ethelinda Blauvelt party of the first part and Frank P. Kemon party of the second part, relating to the erection and construction of nine houses upon a lot…
2Cases cited2 opinions
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