In Matter of Liquidation of Wis. Surety

The issue of the case is whether under sec. 779.14(1), Stats., 1 a supplier who provides materials which are used or consumed in the performance of a bonded public improvement contract is entitled to recover against the surety where the materials were provided initially pursuant to a general agreement with the prime contractor without regard to the specific public improvement contract. The circuit court for Dane county, the Honorable William F. Eich, answered “no.” The court of appeals affirmed in an unpublished opinion. We reverse.

The H.L. Munch Co., Inc. (Munch Company) and State Sand and…