Appeal from order of Court of Common Pleas of Chester County, March T., 1973, No. 54, in case of Kappe Associates, Inc. v. Aetna Casualty and Surety Company, and William Laudenslager, additional defendant.
John L. Lachall, with him Reilly & Fogwell, for appellant.
Burton Neil, with him Allen O. Olin, and Olin and Neil, for appellee.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Hoffman, J. Jacobs, J., concurs in the result.
[ 234 Pa. Super. Page 628]
The sole issue presented in this appeal is whether the lower court erred in granting appellee's motion for partial judgment on the pleadings.
On August 1, 1973, appellee, Kappe Associates, Inc., a Maryland corporation engaged in the business of designing, manufacturing, and selling machinery, filed a
[ 234 Pa. Super. Page 629]
complaint in assumpsit against appellant, Aetna Casualty and Surety Company. The complaint alleged that William Laudenslager contracted with the Lower Paxton Township Authority of Dauphin County to act as general contractor for the construction of sewage pumping stations; that as a condition precedent to the Township's acceptance of Laudenslager as the general contractor, Laudenslager and appellant, as surety, executed a bond for the protection of all persons supplying labor and/or material in connection with the construction of the stations; and that appellee contracted with Laudenslager to supply materials for use on the project. The complaint further alleged that:
"8. All of the within-described materials were ordered for, used and rendered in and about the prosecution of the work to construct the aforesaid pumping stations.
"9. Contractor has not paid Plaintiff the sum of $55,764.48 for the materials supplied by Plaintiff . . . and said sums remain justly due and owing Plaintiff."
On March 29, 1974, appellant filed an answer to ...