172 A. 686 | Pa. | 1934
Argued April 30, 1934. The use-plaintiff's claim against a surety bond was based on the rent due for a ditcher scoop leased to Frank George, who had a contract to complete sewer improvements in Lancaster. The bond insured the faithful and prompt payment of labor and material: Act of June 23, 1931, P. L. 932, section 1905. The part of the bond in question being, ". . . . . . for material furnished and labor supplied or performed in the prosecution of the work . . . . . . in aid of or auxiliary to the prosecution of the said work, whether or not the said material or labor enter into and become component parts of the work or improvement contemplated by the said contract or any modification thereof. . . . . ." The bond in substance follows the act.
Notwithstanding this comprehensive language, the subject of liability is labor and materials. It was held some years ago the word "material" did not include machinery, tools, or appliances used for the purpose of facilitating the work: Com. v. Nat. Surety Co.,
Rental is not a labor claim. This was decided in Com., to use of Read Corp., v. Stryker,
As a matter of policy, it is necessary to confine the word "labor" in this connection to its primary meaning, and not to permit it to be so broadened as to carry the liability of a surety under these bonds to indefinite and uncontemplated lengths. Phila. v. Stange,
Judgment affirmed.