Holtby v. Zane

Citations

• 220 Pa. 178
• 69 A. 674
• 1908 Pa. LEXIS 744

Syllabus

<p>Contract — Building contracts — Principal and surety — Limitation as to suit.</p> <p>Where a building contract provided for the completion of a building within four months, and also provided that if the contractor failed to proceed with the work, the owner might finish it and charge any loss to the contractor, and the owner in fact entered and finished the work but took a year to do so, the owner cannot recover from the contractor's surety, where the bond of suretyship provided that any suit brought on the bond must be instituted “within six months after the first breach of said contract.”</p>