Reilly v. McCray

Citations

• 62 Pa. Super. 308
• 1916 Pa. Super. LEXIS 414

Syllabus

<p>Principal and surety — Bonds—Scope of bond — Building contract.</p> <p>Where a building contract provides that the owner shall convey to the contractor a certain building as part payment for the building to be erected, and that the contractor shall give a bond to indemnify the owner against any loss by reason of the conveyance by her of her own building to the contractor before the erection and conveyance to her of the new building, and another portion of the contract gives to the contractor a certain right of way and occupancy of one stall in a stable, and both the recital and condition of the bond specifically sets forth the paragraph of the contract ■which provides for the bond, but makes no mention of the stipulation relating to the right of way and the stall, the surety on the bond cannot be held liable for a breach of that portion of the agreement relating to the right of way and the stall, although the bond states in a general way that the obligor shall “com,V with the terms of said contract.”</p>