Commonwealth Ex Rel. Sgarlat v. Blockberger

Argued November 24, 1936. The precise question involved in this appeal has been determined by our recent cases of Commonwealth, to use v.Hartford Acc. Ind. Co., 306 Pa. 513, and Commonwealth v. R.L. Bonham Co., 297 Pa. 514, where it is stated at page 518: "A surety is not liable on the bond unless it appears the unpaid work was done pursuant to the contract the bond purports to cover."

Judgment affirmed at appellants' cost.