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PETERSON v. SCHRIEBER

No. 172 (1974).

71 Wis.2d 498 (1976)

238 N.W.2d 722

PETERSON, Appellant, v. SCHRIEBER and another, Respondents.

Supreme Court of Wisconsin.

Decided March 2, 1976.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Russell & Olson of Merrill.

For the respondent Fidelity & Deposit Company of Maryland the cause was submitted on the brief of Douglas J. Klingberg and Terwilliger, Wakeen, Piehler, Conway & Rouse, S. C., all of Wausau.

WILKIE, C. J.

The issue on this appeal is whether a surety, the defendant-respondent Fidelity & Deposit Company of Maryland, is liable on a performance bond for a contract payment made (June 28, 1971) by the obligee, the plaintiff-appellant Glenn Peterson, prior to the execution of the bond (October 25, 1971) when, also prior to the execution of the bond, the principal contractor, Larry Schrieber, another defendant, had defaulted on the first work to be done under...

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