PENN-DELCO U. v. M. & L. CONSTR. CO.

No. 13538 of 1968.

60 Pa. D. & C. 2d 226 (1972)

Penn-Delco Union School District Authority v. M. & L. Construction Co.

Common Pleas Court of Delaware County, Pennsylvania.

July 25, 1972.


Attorney(s) appearing for the Case

Robert J. Carney, Jr., for plaintiff.

Robert E. J. Curran, for defendant.


REED, JR., J., July 25, 1972.

Plaintiff, school authority, on October 13, 1958, entered into a contract for the erection and construction of a new school building. Defendant, construction company, was general contractor, with defendant, Aetna Casualty and Surety Company, as surety on their bond. The work was completed in September 1959, and final payment made to defendant under the contract on May 23, 1961.

The record leaves no doubt that the roof caused continuous...

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