Smith v. Town of Pershing

The plaintiff’s cause of action against the town is grounded upon the holding of this court in Cowin & Co. v. Merrill (1930), 202 Wis. 614, 233 N. W. 561. It was therein held that a municipal corporation could be held directly liable by a materialman, who had supplied materials to a principal contractor with whom the municipality had entered into a public contract, if the municipality failed to obtain a bond from the principal contractor to protect subcontractors as required by sec. 289.16 (1), Stats. It is conceded that no bond was required by the town from the principal contractor, Brost,…