City of Wauwatosa v. Volpano

The following facts were established without dispute: On June 14, 1930, the defendant copartnership, Joe Volpano & Son, as “party of the first part,” and the defendant corporation, Glens Falls Indemnity Company, as “sureties and parties of the second part,” entered into three separate contracts with the plaintiff, the city of Wauwatosa, for the laying of water mains in that city on Moore, Eleventh, *505and Twelfth avenues, respectively. In connection with each contract, the copartnership, as principal, and the defendant corporation, as surety, also executed a separate bond, the condition of which…