Midland Terra Cotta Co. v. Illinois-Surety Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: E. 0. Eschweileb, Circuit Judge. Action for tbe' purchase price of material sold and delivered to J. W. Utley, tbe principal contractor for tbe construction of a building owned by tbe Edward Schuster & Co. Inc. Tbe Illinois Surety Company is joined as a defendant because it indemnified tbe Edward Schuster & Co. Inc. by a bond against any failure of tbe contractor to duly perform bis contract, which bond contains…
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Appeal from an order of tbe circuit court for Milwaukee county: E. 0. Eschweileb, Circuit Judge. Action for tbe' purchase price of material sold and delivered to J. W. Utley, tbe principal contractor for tbe construction of a building owned by tbe Edward Schuster & Co. Inc. Tbe Illinois Surety Company is joined as a defendant because it indemnified tbe Edward Schuster & Co. Inc. by a bond against any failure of tbe contractor to duly perform bis contract, which bond contains this provision: “Tbe condition of this bond is such that if tbe principal' shall faithfully perform tbe contract on bis…
1Opinion of the CourtViNje, J.
In the case of Concrete S. Co. v. Illinois S. Co., ante, p. 41, 157 N. W. 543, it was held that the Illinois ■Surety Company was directly liable to a subcontractor under *192tbe provisions of its bond set out in the statement of facts. The defendant Edward Schuster & Oo. Inc. is liable upon its express promise to pay, given as a consideration for plaintiff’s forbearance to perfect a mechanic’s lien. The defendant Utley is liable upon both causes of action set out in the complaint, for they are both based upon the same facts, namely, that he purchased and agreed to pay for the materials. We have,…
2Cases cited7 opinions
- Hawarden v. Youghiogheny & Lehigh Coal Co.Wisconsin Supreme Court · 1901
- Concrete Steel Co. v. Illinois Surety Co.Wisconsin Supreme Court · 1916
- Greene v. NunnemacherWisconsin Supreme Court · 1874
- Tyre v. KrugWisconsin Supreme Court · 1914
- Blakely v. SmockWisconsin Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. P. Lorillard Co.Wisconsin Supreme Court · 1923
- Rogers v. City of OconomowocWisconsin Supreme Court · 1962
- Bergmann v. RollWisconsin Supreme Court · 1928
- Cochrane v. C. Hennecke Co.Wisconsin Supreme Court · 1925
- Ehlers v. Automobile Liability Co., Ltd. MutualWisconsin Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.