Peters v. National Surety Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: Geoege Geimm, Circuit Judge. Tbe defendant was surety on a bond of $120,000, given to tbe United States government to secure proper performance by tbe firm of Orman & Crook on work to be done on a large dam and distribution canals called tbe Belle Fourcbe project in South Dakota under a contract made in November, 1905. Tbe contractors carried on tbat work until tbey went into bankruptcy in January, 1908. Tbe United…
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Appeal from a judgment of tbe circuit court for Rock county: Geoege Geimm, Circuit Judge. Tbe defendant was surety on a bond of $120,000, given to tbe United States government to secure proper performance by tbe firm of Orman & Crook on work to be done on a large dam and distribution canals called tbe Belle Fourcbe project in South Dakota under a contract made in November, 1905. Tbe contractors carried on tbat work until tbey went into bankruptcy in January, 1908. Tbe United States government, under tbe conditions of tbat contract, took possession of tbe work and ill tbe tools and materials…
1Opinion of the Court
The following opinion was filed January 5, 1918:
Eschweilee, J.
Probably much of the complication and long delays that have arisen in this litigation may be ascribed to the fact that each of the parties to the contract of April 2, 1908, from the first time any question arose thereunder, seemingly took diametrically opposed views as to their respective rights and liabilities. The trial court adopted the plaintiffs’ view, namely, that there was an absolute liability under that contract to pay to plaintiffs the amount mentioned therein on account of the work, without regard to the fact as to…
2Cases cited8 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1900
- Voigt v. Milwaukee CountyWisconsin Supreme Court · 1914
- State v. City of MilwaukeeWisconsin Supreme Court · 1914
- Rumsey v. LiversCourt of Appeals of Maryland · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
- Edward E. Gillen Co. v. John H. Parker Co.Wisconsin Supreme Court · 1919