Wisconsin Brick Co. v. National Surety Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: James Wioeham, Judge. The action is brought to recover upon two bonds given pursuant to sec. 3327a, Stats., to the board of regents of the University of Wisconsin by the firm of W. H. Grady & Company as principals and tbe National Surety Company as surety to insure tbe carrying out of two contracts by said firm to erect two buildings for tbe University.
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Appeal from a judgment of the circuit court for Dane county: James Wioeham, Judge. The action is brought to recover upon two bonds given pursuant to sec. 3327a, Stats., to the board of regents of the University of Wisconsin by the firm of W. H. Grady & Company as principals and tbe National Surety Company as surety to insure tbe carrying out of two contracts by said firm to erect two buildings for tbe University. Tbe bonds were each conditioned for tbe payment by tbe contractor of “all of tbe claims for work or labor performed and materials furnished in and about tbe erection or construction…
1Opinion of the CourtWiNSLOW, C. J.
Tbe question presented is not free from difficulty, but we think the trial court reached the correct conclusion.
The bonds in question were given pursuant to sec. 3327a, Stats. This section provides in substance that all contracts for the building of buildings for the state shall contain a provision “for the payment by the contractor of all claims for labor and material,” and further that no such contract shall be let unless a sufficient bond be given for the faithful performance of the contract “and the payment of all the claims for work or labor performed, and material furnished in and about…
2Cases cited8 opinions
- McClain v. HuttonCalifornia Supreme Court · 1900
- Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
- Brace & Hergert Mill Co. v. BurbankWashington Supreme Court · 1915
- Hill v. Twin Falls Salmon River Land & Water Co.Idaho Supreme Court · 1912
- Wilkinson v. HoffmanWisconsin Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- Royal Indemnity Co. v. Day & Maddock Co.Ohio Supreme Court · 1926
- Southern Surety Co. v. Metropolitan Sewerage CommissionWisconsin Supreme Court · 1923
- Peabody Seating Co. v. Jim Cullen, Inc.Wisconsin Supreme Court · 1972
11 more not listed; retrieve them via the Exa API.