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COMMONW'LTH v. HENRY W. HORST CO.

364 Pa. 403 (1950)

Commonwealth, to use, v. Henry W. Horst Company et al., Appellants.

Supreme Court of Pennsylvania.

March 20, 1950.

Attorney(s) appearing for the Case

Edward Paul Smith, with him Albert Smith Faught, for appellants.

Walter B. Gibbons, for appellees.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.

OPINION BY Mr. Justice DREW, March 20, 1950:

This action in assumpsit was brought in the name of the Commonwealth to the use of Joseph Herzog, a partnership, against Henry W. Horst Company, a construction engineering firm employed by the Commonwealth, and its surety, the Maryland Casualty Company, to recover $7,642.60 due under an excavation and hauling contract. Defendants answered and by way of counterclaim averred that...

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