Commonwealth v. Henry W. Horst Co.

Opinion by

Mr. Justice Drew,

This, action in assumpsit ivas brought in the name of the Commonwealth to the use of Joseph Herzog', a partnership, against Henry W. Horst Company, a construction engineering firm employed by the Commonwealth, and its surety, the Maryland Casualty Company, to recover $7,642.60 due under an excavation and hauling contract. Defendants answered and by way of counterclaim averred that a material change had occurred when the excavation operations were shifted from one site to another and, by the terms of the contract, this necessitated a readjustment of the amount due.…