Southern Surety Co. v. Metropolitan Sewerage Commission

The following opinion was filed January 13, 1925:

Eschweiler, J.

The contract in question and the obligation of the plaintiff surety as to the several claims here involved require the consideration of two separate provisions found in ch. 289, Stats., entitled “Liens,” namely: sec. 3327a, providing for the form of contract, bond to be given, and remedy thereon in contracts involving public works; and sec. 3347dd, providing for the pro rata payment to claimants out of any withheld balances, on account of public work.

The substantial issue between the parties here is as to what may or may not be…