Opinion
March 20, 1930.
April 14, 1930.
Municipalities — Surety bonds — Reservoirs — Acts of May 10, 1917, P. L. 158, and May 6, 1925, P. L. 546.
1. The Act of May 10, 1917, P. L. 158, amended by the Act of May 6, 1925, P. L. 546, has no application to a bond given in connection with the construction of a reservoir by a municipality. Patterson v. New Eagle Boro., 294 Pa. 401, followed.
2. The acts are limited to contracts for the construction of buildings.
Argued March 20, 1930.
Before MOSCHZISKER, C. J., FRAZER, WALLING, SIMPSON, SADLER and SCHAFFER, JJ.
Appeal, No. 84, March T., 1930, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1929, No. 2293, for defendant on question of law raised by affidavit of defense, in case of City of Pittsburgh, to use of McCrady Brothers Co. v. Bucanelly Construction Co. and the Southern Surety Co. Affirmed.
Question of law raised by affidavit of defense. Before PATTERSON and MARTIN, JJ.
The opinion of the Supreme Court states the facts.
Judgment for defendant. Plaintiff appealed.
Error assigned was judgment, quoting record.
Roland A. McCrady, with him M. H. Hirschfield, for appellant.
Morris M. Berger, with him Morris G. Levy and Benjamin B. Crone, for appellee.
A. E. Kountz and C. A. Fry, for Robert C. Sproul, trustee, intervening appellee, were not heard.
The use-plaintiff furnished certain material which entered into the construction of a reservoir built by the legal plaintiff, and, not being paid by the Bucanelly Construction Company, contractor and first named defendant, it, the use-plaintiff, brought the present suit, on a bond furnished by the Southern Surety Company, second named defendant. The court below properly held that the Act of May 10, 1917, P. L. 158, amended by the Act of May 6, 1925, P. L. 546, had no proper application to a bond given in connection with the construction of a reservoir, and the recital in the bond here sued on plainly shows that this obligation was undertaken on the mistaken theory, entertained by all parties concerned, that the above mentioned legislation, recited therein, required such a bond. The law controlling this state of affairs was recently ruled by us against the contentions of the present appellant, in Patterson v. New Eagle Boro., 294 Pa. 401, and that decision controls the present case in favor of appellee.
The judgment of the court below is affirmed.