Board of Education v. Massachusetts Bonding & Insurance

Citations

• 252 Pa. 505
• 97 A. 688
• 1916 Pa. LEXIS 650

Syllabus

<p>Contracts — Bonds—Parties—Action on bond by person not a party — Practice, C. P. — Demurrer.</p> <p>A contractor gave a bond to a board of education with the defendant as surety for the faithful performance of a building contract conditioned, inter alia, for the payment of all debts incurred for labor and materials by the contractor in the performance of the work contemplated by the contract. In a suit by the obligee to the use of a third party for material supplied by such third party to the contractor, it was held that a demurrer to the statement was properly sustained where it did not appear that the bond was given for the benefit of any other person than the board and it was not averred that the board had assigned to the use-plaintiff its right of action on the bond or even that the board had been injured by the breach.</p>