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SMITH v. PERSHING

10 Wis.2d 352 (1960)

SMITH, Appellant, v. TOWN OF PERSHING, Respondent.

Supreme Court of Wisconsin.

May 3, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief by Clifford F. Curran and Charles G. Giles, both of Medford, and oral argument by Mr. Giles.

For the respondent there was a brief by Nikolay, Jensen & Scott of Medford, and oral argument by Raymond H. Scott.

CURRIE, J.

The plaintiff's cause of action against the town is grounded upon the holding of this court in Cowin & Co. v. Merrill (1930), 202 Wis. 614, 233 N. W. 561. It was therein held that a municipal corporation could be held directly liable by a materialman, who had supplied materials to a principal contractor with whom the municipality had entered into a public contract, if the municipality failed to obtain...

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