Lancaster v. Frescoln

Citations

• 203 Pa. 640
• 53 A. 508
• 1902 Pa. LEXIS 775

Syllabus

<p>Municipalities — Contracts—Bond to secure laborers and material men.</p> <p>Where a general ordinance of a city provides that city contractors shall give bond to pay wages of laborers, and to pay for material, and the city takes from a contractor a bond conditioned for the faithful performance of the work, and payment of laborers and material men, but without any stipulation that the bond, in addition to being security to the city, should also be for the use of the laborers and materialmen, and it appears that after the work was completed the contractor recovers a judgment against the city in a suit in which the city raises no question as to laborers and materialmen, such laborers and material men cannot thereafter maintain an action in the name of the city to their own use on the bond given by the contractor to the city.</p>