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LEHMANN TIRE & SUPPLY v. MASHUDA CONSTR. CO.

14 Wis.2d 176 (1961)

LEHMANN TIRE & SUPPLY, INC., Plaintiff and Respondent, v. MASHUDA CONSTRUCTION COMPANY and another, Defendants and Respondents: MURRAY, Trustee in Bankruptcy, Defendant and Appellant.

Supreme Court of Wisconsin.

June 27, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Brady, Tyrrell & Bruce, and oral argument by David L. MacGregor and by Roger P. Paulsen, all of Milwaukee.

For the respondents there was a brief by Clifford & Fitzpatrick of Watertown, for the Lehmann Tire & Supply, Inc., and Lehner & Lehner of Princeton, for the Mashuda Companies and the Fidelity & Deposit Company of Maryland, and oral argument by James A. Fitzpatrick.

MARTIN, C. J.

The case was submitted to the circuit court on a stipulation of facts which shows:

Prior to May 1, 1958, the state of Wisconsin, by its highway commission, contracted with the Mashuda Companies for the construction and improvement of a highway in Columbia county. Among other things, the contract provided that the Mashuda Companies should pay all claims for labor and materials for the performance of the contract, as required by sec. 289.16, Stats...

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