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KNUTH v. FIDELITY & CASUALTY CO.

275 Wis. 603 (1957)

KNUTH, Appellant, vs. FIDELITY & CASUALTY COMPANY OF NEW YORK, Respondent.

Supreme Court of Wisconsin.

May 7, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Paul Pike Pullen of Milwaukee.

For the respondent there was a brief by Bendinger, Hayes & Kluwin, and oral argument by Bernard J. Hankin, all of Milwaukee.

WINGERT, J.

We are of opinion that the complaint states a cause of action against the Surety Company.

Section 10 of the three-party contract provides that Fidelity guarantees, covenants, and agrees with the city that Donlen will well and truly perform the contract; "and that the said party or parties of the second part [Fidelity] will well and truly pay on demand to the said city of Milwaukee any and all damages, and sums of money, which the said party of...

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