Wells v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 235, Jan. T., 1921, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1918, No. 5634, on verdict for plaintiff, in case of Mark P. Wells to use of Southwestern Surety Insurance Co. v. Philadelphia. Assumpsit for balance for construction of certain buildings under municipal contract. Before Ferguson, J. The opinion of the Supreme-Court states the facts. Verdict and judgment for plaintiff for $42,850.55. Defendant appealed.
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Appeal, No. 235, Jan. T., 1921, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1918, No. 5634, on verdict for plaintiff, in case of Mark P. Wells to use of Southwestern Surety Insurance Co. v. Philadelphia. Assumpsit for balance for construction of certain buildings under municipal contract. Before Ferguson, J. The opinion of the Supreme-Court states the facts. Verdict and judgment for plaintiff for $42,850.55. Defendant appealed. Error assigned, amongst others, was refusal of judgment n., o. v.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Use-plaintiff, the Southwestern Surety Insurance Company, hereinafter called the insurance company, was surety on two bonds given to protect the city against any loss it might sustain by reason of the failure of Mark P. Wells to complete, according to contract with defendant, the erection of certain buildings to be used by the Philadelphia Home for Feeble Minded. Wells and his assignees did not complete the buildings, and city officials called upon the insurance company to finish them. This was undertaken and the buildings erected, at a cost in excess of "the…
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