Hummelstown Brownstone Co. v. Knerr
Superior Court of Pennsylvania
Appeal, No. 223, Oct. T., 1903, by William Buechley et al., from judgment of O. P. Schuylkill Co., Jan. T., 1903, No. 136, on verdict for plaintiff in case of Hummelstown Brownstone Company v. Harry Knerr, William Buechley, Frank Esterly and Daniel Esterly. Assumpsit on a bond. Before Shay, 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 $778.94, defendant appealed.
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Appeal, No. 223, Oct. T., 1903, by William Buechley et al., from judgment of O. P. Schuylkill Co., Jan. T., 1903, No. 136, on verdict for plaintiff in case of Hummelstown Brownstone Company v. Harry Knerr, William Buechley, Frank Esterly and Daniel Esterly. Assumpsit on a bond. Before Shay, 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 $778.94, defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Orlady, J.,
Harry Knerr secured a contract for the construction of a public building in the city of Altoona, under the terms of which he gave a bond for the faithful performance of its conditions and that he would “promptly make payments to all persons supplying him labor or materials in the prosecution of the work contemplated by said contract.”
The other named defendants became his sureties in said bond. The plaintiff in this action made a contract to furnish certain material, cut' stone, work, etc., for the sum of $4,550, which was fully performed on its part. Payments on account…
2Cases cited5 opinions
- Buck v. WilsonSupreme Court of Pennsylvania · 1886
- United States v. HegemanSupreme Court of Pennsylvania · 1903
- Collins v. BuschSupreme Court of Pennsylvania · 1899
- Philadelphia v. HowellSuperior Court of Pennsylvania · 1902
- Bixler & Correll v. LeshSuperior Court of Pennsylvania · 1898
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- Borowsky v. MargulisSupreme Court of Pennsylvania · 1933
- Deroy's EstateSupreme Court of Pennsylvania · 1931
- United States ex rel. Griscom-Spencer Co. v. United States Fidelity & Guaranty Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1909
- Ridisy Park Boro. School Dist. v. Seaboard Surety Co., Pennsylvania Court of Common Pleas, Delaware County1930
- Shearer v. Mutual Fire Insurance, Pennsylvania Court of Common Pleas, Dauphin County1927