Commonwealth v. Empire State Surety Co.
Commonwealth v. Empire State Surety Co.
Opinion of the Court
Opinion by
This appeal and the two following were argued together because the controlling questions in all are identical, save only that in the appeal of Tevling, infra, p. 000, the right of recovery is specially challenged on the ground that the articles, for the price of which he sues, were not “material furnished in or about the construction of the highway” within the meaning of the bond on which he bases his action. The learned judge below entered judgment non obstante veredicto for the defendant in each case, and in an opinion filed states at length the reasons supporting such judgment.
We concur in the conclusions reached by the learned judge, and are further of the opinion that he has set forth sound and satisfactory reasons on which they may rest. Nothing would be gained by a further discussion of them here.
Judgment affirmed.
Reference
- Full Case Name
- Commonwealth to use v. Empire State Surety Company
- Cited By
- 9 cases
- Status
- Published
- Syllabus
- Principal and surety — Public contractor's bond — State highways — • Laborers and material men — Act of May 1, 1905, P. L. 818. 1. The State Highways Act of May 1, 1905, P. L. 318, intends that the bond given by the contractor shall be for the protection of the state alone and limits its amount so as to preclude the possibility of protecting laborers and material men without possible injury to the interests of the state. The insertion of a clause giving laborers and material men the protection of the bond and the right to sue upon it for their own benefit in the name of the commonwealth, is in clear contravention of the statute and of the legislative intent and is void. 2. The words “material furnished” for any structure, work or improvement, in contracts of this kind, applies only to such materials as enter into and become component parts of the structure, work or improvements contemplated and do not include machinery, tools, fuel, oils or appliances used for the purpose of facilitating the work; nor does it include houses or stables used for such purposes, nor loss of time nor any other expenditure incurred for things which do not remain as a component part of the finished whole.