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COM., PANDOLFO v. PAVIA CO.

381 Pa. 488 (1955)

Commonwealth, to use of Pandolfo, Appellant, v. Pavia Company.

Supreme Court of Pennsylvania.

April 18, 1955.

Attorney(s) appearing for the Case

John B. Nicklas, Jr., with him Walter O. Howarth and McCrady & Nicklas, for appellant.

James M. McCandless, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE BELL, April 18, 1955:

This appeal involves a very narrow question. Is a surety liable for unpaid rental on a power shovel which was leased to defendant contractor by the use plaintiff, and used by defendant contractor in the construction of a portion of the state highway in Allegheny County?

Pursuant to the Act of June 1, 1945* contractors engaged in state highway construction must furnish a surety bond for...

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