Elizabethtown Borough v. Savastio Construction, Inc.

BOWMAN, J.,

This matter is before us on the motion of defendant, New Amsterdam Casualty Company, for summary judgment under Pa. R. C. P. 1035. This same defendant had previously sought a judgment on the pleadings which we denied: Elizabethtown Borough v. Savastio Construction, Inc., 44 D. & C. 2d 596, 89 Dauph. 27 (1968). In that opinion, we set forth the factual background, the provisions of the labor and materialmen’s bond in question and the statutory law involved.

Following that opinion, in an effort to produce a pure legal issue unfettered by disputed facts, the parties stipulated certain…