Concrete Steel Co. v. Illinois Surety Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: F. C. EsciiweileR, Circuit Judge. This is an appeal from an order sustaining a demurrer to the plaintiff's complaint. The action wás commenced in the civil court of Milwaukee county. The demurrer was overruled by said court and an appeal taken by defendant to the circuit court. In the circuit court the order of the civil court, was reversed and the defendant’s demurrer to the complaint sustained.
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Appeal from an order of the circuit court for Milwaukee county: F. C. EsciiweileR, Circuit Judge. This is an appeal from an order sustaining a demurrer to the plaintiff's complaint. The action wás commenced in the civil court of Milwaukee county. The demurrer was overruled by said court and an appeal taken by defendant to the circuit court. In the circuit court the order of the civil court, was reversed and the defendant’s demurrer to the complaint sustained. From this order of the circuit court sustaining the demurrer the plaintiff appeals to this court.
1Opinion of the CourtKeRWIw, J.
The cause of action set forth in the complaint was founded upon a bond executed by the defendant as surety for one James W. Utley, which bond is set forth in the complaint. The bond was executed by Utley and said defendant as surety to secure the performance of a contract entered into between said Utley and Edw. Schuster & Co. for the erection of a building for said Edjv. Schuster & Co. by *43'Utley as principal contractor. The contract is set out in the complaint.
The complaint alleges that plaintiff was employed by Utley under an agreement to furnish certain materials consisting of steel bars…
2Cases cited11 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- United States Gypsum Co. v. GleasonWisconsin Supreme Court · 1908
- Johnston v. Charles Abresch Co.Wisconsin Supreme Court · 1904
- R. Connor Co. v. Ætna Indemnity Co.Wisconsin Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Lipshie v. Tracy Investment Co.Nevada Supreme Court · 1977
- Byram Lumber & Supply Co. v. PageSupreme Court of Connecticut · 1929
- Hoge v. Farmers Market & Supply Co. of Las Cruces, Inc.New Mexico Supreme Court · 1956
- Builders Lumber & Supply Co. v. Chicago Bonding & Surety Co.Wisconsin Supreme Court · 1918
- Central Supply Co. v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1930
18 more not listed; retrieve them via the Exa API.