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EXTON DRIVE-IN, INC. v. HOME INDEM. CO.

436 Pa. 480 (1969)

Exton Drive-In, Inc., Appellant, v. Home Indemnity Co.

Supreme Court of Pennsylvania.

November 28, 1969.

Attorney(s) appearing for the Case

Harry Norman Ball, with him Carl K. Zucker, for appellant.

Herbert A. Barton, with him Swartz, Campbell & Detweiler, for appellee.

David N. Rosen, with him Jon Grossman, and Rose, Sherwin & Seltzer, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE POMEROY, November 28, 1969:

This action was commenced in 1956 when Exton Drive-In, Inc. (Exton) filed a complaint in assumpsit against The Home Indemnity Co. (Home) seeking damages under a performance bond in which Home and W. Arnold Blythe (Blythe) had bound themselves jointly and severally to Exton in the sum of $52,000. The bond was conditioned on the full and prompt performance by Blythe of a contract...

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