Fox Estate v. Colonial Trust Co.

Citations

• 230 Pa. 95
• 79 A. 153
• 1911 Pa. LEXIS 568

Syllabus

<p>Railroads — Condemnation proceedings — Bonds—Statement of claim— Affidavit of defense — Parties.</p> <p>1. A provision in a bond given in railroad condemnation proceedings to pay the obligee such damages “as shall have been agreed upon by the parties” refers not to the parties to the bond, but to the parties interested in the land and the assent of the surety on the bond to a compromise of the damages is not necessary to render the surety liable on default of the railroad company to pay.</p> <p>2. In an action upon a bond given in condemnation proceedings where the statement of claim sets up an agreement between an individual and the railroad company by which the company was to pay the individual a certain sum of money upon delivering to the company a deed for the land, a release of damages, and a power of attorney by the parties owning the land to the individual to deliver the release on receipt of the amount agreed upon, and the statement of claim avers that all of these papers were tendered to. the company, an affidavit of defense is insufficient which merely avers that the obligees in the bond, except the individual named, never agreed upon the damages.</p>