Smith v. Weaver

Citations

• 41 Pa. Super. 253
• 1909 Pa. Super. LEXIS 44

Syllabus

<p>Contract — Bond—Sufficiency of bond.</p> <p>1. Where one party agrees to deliver to another party a bond satisfactory to the latter for the performance of the contract, the expression of dissatisfaction by the latter with the bond tendered, is sufficient without more to excuse the latter from the performance of the condition of his contract, if there is no evidence that the rejection of the bond was due to an unreasonable or capricious motive.</p> <p>2. The sufficiency of the bond tendered in such a case cannot be shown by the mere ex parte affidavit of the surety of the bond.</p>