COMMONWEALTH (SGARLAT ET AL) v. BLOCKB'R, TR, Pa., Judgment, Law, casemine.com

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Attorney(S)

Richard B. Sheridan, with him George L. Fenner, Granville J. Clark and Michael F. McDonald, for appellants. Evan C. Jones, with him Robert J. Doran, for appellees.

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Commonwealth, to use of Sgarlat et al., Appellants v. Blockberger, Trustee, et al.

Principal and surety — Bonds — Payment of labor and materialmen — Unpaid work or material — Contract covered by bond.

A surety is not liable on a bond conditioned upon payment for labor performed and material furnished unless the unpaid work or material was done or furnished pursuant to the contract the bond purports to cover.

Argued November 24, 1936.

PER CURIAM, December 7, 1936:

The precise question involved in this appeal has been determined by our recent cases of Commonwealth, to use v. Hartford Acc. Ind. Co., 306 Pa. 513, and Commonwealth v. R. L. Bonham Co., 297 Pa. 514, where it is stated at page 518: "A surety is not liable on the bond unless it appears the unpaid work was done pursuant to the contract the bond purports to cover."

Judgment affirmed at appellants' cost.

COMMONWEALTH (SGARLAT ET AL) v. BLOCKB'R, TR

Commonwealth, to use of Sgarlat et al., Appellants v. Blockberger, Trustee, et al.

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