Borough of Somerset v. Barber

Opinion by

Cunningham, J.,

The action below was assumpsit for the use of a material-man to recover on a bond given the Borough of Somerset by a contractor and his surety.

Barber, one of the defendants, entered into a contract with the borough to do certain street paving and in compliance with the contract furnished a bond upon which the other defendant, Aetna Casualty and Surety Company, was surety. The condition of the bond is as follows:

“Now, therefore, The condition of this obligation is such that if the above bounden principal as contractor shall in all respects comply with the terms of the…