LAKE GENEVA v. STATES IMPROVEMENT CO.

No. 1.

45 Wis.2d 50 (1969)

172 N.W.2d 176

CITY OF LAKE GENEVA, Respondent, v. STATES IMPROVEMENT COMPANY and another, Appellants.

Supreme Court of Wisconsin.

Decided November 25, 1969.


Attorney(s) appearing for the Case

For the appellants there was a brief by Charne, Glassner, Tehan, Clancy & Taitelman, and oral argument by Ronald S. Jacobs, all of Milwaukee.

For the respondent there was a brief by Braden & English and James L. English, city attorney, all of Lake Geneva and oral argument by James L. English.


ROBERT W. HANSEN, J.

Does the bid bond obligate the contractor and the insurance company to pay to the city five percent of the bid or to pay actual damages only, not to exceed five percent of the bid?

The statute.

The statute (sec. 62.15 (3)), providing for advertising for bids on the type of public works project here involved, requires:

"... No bid shall be received unless accompanied by a...

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