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BLASER v. DON GANSER & ASSOCIATES, INC.,

19 Wis.2d 403 (1963)

BLASER and another, Copartners, Plaintiffs and Respondent, v. DON GANSER & ASSOCIATES, INC., Defendant: AMERICAN AUTOMOBILE INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

April 2, 1963.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the briefs of Quarles, Herriott & Clemons, attorneys, and William K. McKibbage of counsel, all of Milwaukee, and for the respondents on the brief of Warren E. Kuehling of Madison.

CURRIE, J.

The sole issue is whether sec. 289.16, Stats. 1957, is applicable to the instant performance bond so as to bring into play the one-year statute of limitations contained in sub. (2) of this statute.

The portions of sec. 289.16, Stats. 1957, material to this appeal provide as follows:

"(1) All contracts with the state involving $1,000 or more and all other contracts involving $100 or more for the performance of labor or furnishing materials...

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