Builders Lumber & Supply Co. v. Chicago Bonding & Surety Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. On the 30th day of March, 1916, Thomas Cerney and Charles Prey, copartners, residents of the state of Illinois and doing business under the firm name of Conducive Paving Company, entered into a contract with the city of Wau-sau for the construction and laying of a certain paving in that city, and to assure the faithful performance of that contract said Conducive Paving Company made…
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Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. On the 30th day of March, 1916, Thomas Cerney and Charles Prey, copartners, residents of the state of Illinois and doing business under the firm name of Conducive Paving Company, entered into a contract with the city of Wau-sau for the construction and laying of a certain paving in that city, and to assure the faithful performance of that contract said Conducive Paving Company made and executed to the said city of Wausau a bond with the defendant Chicago Bonding & Surety Company as surety. Pursuant to…
1Opinion of the Court
The following opinion was filed February 5, 1918:
Owen, J.
It is the main contention of appellant that by signing the bond in question it assumed no liability in behalf of laborers or materialmen, and the questions now presented are practically the same as those raised by the demurrer to the complaint, the principal one being whether Appellant in signing the bond became obligated to laborers and materialmen for work and material performed and furnished by them.
It is well settled in this jurisdiction that where a contractor’s bond expressly obligates the signers thereof to pay for the material…
Also in this document: Dissent.
2Cases cited15 opinions
- Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
- Lyman v. City of LincolnNebraska Supreme Court · 1894
- Jordan v. KavanaughSupreme Court of Iowa · 1884
- Sather Banking Co. v. Arthur R. Briggs Co.California Supreme Court · 1903
- Sample v. HaleNebraska Supreme Court · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Joint School District No. 4 v. Bailey-Marsh Co.Wisconsin Supreme Court · 1923
- Baumann v. City of West AllisWisconsin Supreme Court · 1925
- Waukesha Concrete Products Co. v. Capitol Indemnity Corp.Court of Appeals of Wisconsin · 1985
- Building Contractors' Ltd. Mutual Liability Insurance v. Southern Surety Co.Wisconsin Supreme Court · 1924
- Riley Construction Co. v. Schillmoeller & Krofl Co.Wisconsin Supreme Court · 1975
23 more not listed; retrieve them via the Exa API.