Dunlap v. Spiese

Citations

• 250 Pa. 394
• 95 A. 553
• 1915 Pa. LEXIS 957

Syllabus

<p>Equity — Loss of evidence — Reopening of case — Discretion of chancellor — Building contracts — Indemnity bonds — Evidence.</p> <p>In an equity suit, brought to compel the cancellation of an indemnity bond given by complainant to indemnify defendants from loss resulting from failure to complete a building operation, and to satisfy a judgment which had been entered on the bond, it was not an abuse of discretion for the chancellor to reopen his findings holding the bondsman not liable, in order that important documentary evidence, missing at the time of the trial, might he considered, and thereafter to change his findings and dismiss the bill on the ground that the bondsman was liable, where the missing documentary evidence, when produced, was uncontradicted and when considered with the oral evidence gave sufficient basis for the findings of the court, and justified its conclusion that the bondsman was liable, and where the rights of third parties had not intervened.</p>