MILWAUKEE ENFORCERS, INC. v. BALL

No. 547 (1974).

71 Wis.2d 298 (1976)

237 N.W.2d 715

MILWAUKEE ENFORCERS, INC., a domestic corporation, Plaintiff-Appellant, v. BALL, d/b/a BALL BROTHERS CONTRACTORS, Defendant: AETNA CASUALTY & SURETY COMPANY, a foreign corporation, and another, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided February 3, 1976.


Attorney(s) appearing for the Case

For the appellant there was a brief by Eisenberg & Kletzke of Milwaukee.

For defendant-respondent Aetna Casualty & Surety Company, there was a brief by Thomas N. Klug and Borgelt, Powell, Peterson & Frauen, all of Milwaukee.

For defendant-respondent City of Milwaukee, there was a brief by James B. Brennan, city attorney, and Charles R. Theis, assistant city attorney.


HANLEY, J.

The sole issue presented is whether the city's policy of performance bonding of licensed improvement contractors provides for the payment of bond proceeds to persons harmed by such contractors' defaults.

The dispute here is affected by the determination of the nature of this bond. Appellant has admitted that the purpose of the bond was to deter contractor failures and ordinance violations, but it is also claimed that the bond is an "automatic source...

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