Stern Oil Co. v. Border States Paving, Inc.

[¶ 1.] Border States Paving Company, Inc. (Border States) was the prime contractor on a road construction project. Stern Oil Company (Stern Oil) sued Border States and its surety, Liberty Mutual Insurance Company (Liberty Mutual), for fuel and petroleum products Stern Oil sold to a Border States subcontractor, Weath-erton Contracting Company, Inc. (Weath-erton). Stern Oil asserted three causes of action: one on Liberty Mutual’s bond, one against Border States for breach of an asserted third-party contract to pay the bill, and one against Border States for unjust enrichment. The circuit court…