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CENTER DRAINAGE DIST. v. CAPITOL INDEMNITY CORP.

33 Wis.2d 294 (1967)

CENTER DRAINAGE DISTRICT No. 1, Plaintiff and Appellant, v. CAPITOL INDEMNITY CORPORATION, Defendant and Respondent: CACIC, Impleaded Defendant.

Supreme Court of Wisconsin.

January 3, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs by Geffs, Geffs, Block & Geffs of Janesville, and oral argument by Jacob Geffs.

For the respondent there was a brief by Arthur, Tomlinson & Gillman and Thomas W. Bertz, all of Madison, and oral argument by Mr. Bertz.

WILKIE, J.

The sole issue presented by this appeal is: Did the failure of the district to finish the work by asking for bids under sec. 89.48, Stats., excuse the bonding company and the contractor from all liability resulting from breach of contract and abandonment of the work?

Sec. 89.48, Stats., provides as follows:

"(1) In all cases where the work to be done at any time under the direction of the commissioners shall in their opinion cost to exceed...

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