214 Wis. 200 | Wis. | 1934
The contention of the plaintiff is that the bond in suit obligates the Bonding Company to pay its claim for its services as architect in the construction of the building on the ground that the bond was given for the benefit of all who performed services or furnished material in the construction of the building as well as for the benefit of the Tower Company. The Bonding Company contends that it was given for the benefit of the Tower Company only and action does not lie thereon for the benefit of any one else.
We consider that this case is ruled by Concrete Steel Co. v. Illinois Surety Co. 163 Wis. 41, 157 N. W. 543. In that
There is good reason, apart from the Concrete Steel Co. Case, for holding that the bond in suit was given for the benefit of materialmen and labor claimants. The bond contains a provision not present in the bond in that suit that could have no other purpose than to secure those who furnished material or performed services in the construction of the building. We refer to the condition of the bond last stated in the statement of facts. It is that “if the lessee shall fail to complete . . . the building, and so failing shall have
By the Court. — The order of the circuit court is affirmed.