Muscrelli v. Mercantile Trust Co.

Citations

• 219 Pa. 602
• 69 A. 40
• 1908 Pa. LEXIS 631

Syllabus

<p>Contract — Municipal contract~-Rejected material — Title to property.</p> <p>Where a city contract provides that materials shall be subject to approval by the director of public works, and certain material furnished by a subcontractor is rejected, and subsequently sold at a sheriff’s sale, but allowed, by the purchaser to remain on the premises, a surety for the contractor who completes the work has no title to the material, and if he appropriates and uses it, he will be liable in damages to the purchaser.</p>