McCUNE, J., April 26, 1965.
This matter reaches us on preliminary objections to a complaint in assumpsit. The allegations of the complaint are that plaintiffs Barati & Sons, excavators, were engaged orally by Stan Kalla, subcontractor, to work on a school building owned by a school authority and under construction by M.S.I. Corporation, general contractor. American Casualty Company had executed, along with M.S.I. Corporation, a labor and materials bond dated December...
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