New Holland Dairies, Inc. v. Regent Dairy Products Corp.

Opinion by

Parker, J.,

The Regent Dairy Products Corporation failed to pay certain sums due by it to the New Holland Dairies, Inc., on a written contract, and thereupon that company brought suit on a bond given by the Regent Corporation as principal and the Constitution Indemnity Company of Philadelphia as surety. The question on this appeal is whether such failure to pay was within the condition of the bond.

On the trial of the case the plaintiff offered evidence in support of its claim, and no evidence was submitted by the defendant, it depending upon a legal defense. The court instructed the…