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Pittsburgh v. Bucanelly Construction Co.

Pittsburgh, to Use, Appellant, v. Bucanelly Construction Co. Et Al.

Pittsburgh v. Bucanelly Constr. Co., 150 A. 100 (Pa. 1930)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
March 20, 1930
Docket
Nos. , 84
Judges
Moschzisker, Frazer, Walling, Simpson, Sadler, Schaffer
Citations
150 A. 100300 Pa. 271930 Pa. LEXIS 348

Opinion of the Court — Per Curiam

Per Curiam, The use-plaintiff furnished certain material which entered into the construction of a reservoir built by the legal plaintiff, and, not being paid by the Bucanelly Construction Company, contractor and first named defendant, it, the use-plaintiff, brought the present suit, on a bond furnished by the Southern Surety Company, second named defendant. The court below properly held that the Act of May 10,1917, P. L. 158, amended by the Act of May 6, 1925, P. L. 546, had no proper application to a bond given in connection with the construction of a reservoir, and the recital in the bond here sued on plainly shows that this obligation was undertaken on *29 the mistaken theory, entertained by all parties concerned, that the above mentioned legislation, recited therein, required such a bond. The law controlling this state of affairs was recently ruled by us against the contentions of the present appellant, in Patterson v. New Eagle Boro., 294 Pa. 401 , and that decision controls the present case in favor of appellee.

The judgment of the court below is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1930: 11932: 11933: 119302026peak 1930 · 1

Relies on it most ⓘ

  1. Commonwealth v. Great American Indemnity Co.167 A. 793 (Pa. 1933) · Concurrence
  2. Portland Sand & Gravel Co. v. Globe Indemnity Co.151 A. 687 (Pa. 1930)
  3. City of Pgh. v. Commercial Casualty Ins.161 A. 630 (Pa. Super. Ct. 1932)

Most recent

  1. Commonwealth v. Great American Indemnity Co.167 A. 793 (Pa. 1933) · Concurrence
  2. City of Pgh. v. Commercial Casualty Ins.161 A. 630 (Pa. Super. Ct. 1932)
  3. Portland Sand & Gravel Co. v. Globe Indemnity Co.151 A. 687 (Pa. 1930)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Patterson v. New Eagle Borough, 144 A. 423 (Pa. 1928) 7

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