Johnson v. American Casualty Co.

This is an action for damages arising out of a contract for the removal of a barn. The complaint is framed on two separate causes of action. The first cause of action was directed against defendant American Casualty Company of Reading, Pennsylvania, and alleges that American Casualty Company and defendant John F. Otto (hereinafter referred to as Otto) entered into a bond in favor of plaintiffs, conditioned on faithful performance by Otto of a contract to remove plaintiffs’ barn. It was further alleged that Otto did not faithfully perform, but that having commenced removal of the barn, he allowed the barn to be negligently and carelessly secured to temporary foundations in such a manner that it was not sufficiently secure to withstand usual winds, and was blown down causing damage of $5,161.42. It was also alleged that plaintiffs performed all conditions required of them under the terms of the contract.

Plaintiffs’ second cause of action, directed solely against Otto, alleges that Otto and plaintiffs entered into a contract whereby Otto was to move a barn, among other things, in consideration of the sum of $10,055. It was alleged that the barn had a value of $5,161.42, and that…