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CITY OF MERRILL v. WENZEL BROTHERS, INC.

No. 76-584.

88 Wis.2d 676 (1979)

277 N.W.2d 799

CITY OF MERRILL, Plaintiff-Respondent and Cross-Appellant, v. WENZEL BROTHERS, INC., and another, Defendants-Appellants and Cross-Respondents.

Supreme Court of Wisconsin.

Decided May 1, 1979.

Attorney(s) appearing for the Case

For the appellants there was a briefs by Robert J. Kay and Geisler & Kay, S.C., of Madison, and oral argument by Robert J. Kay.

For the respondents there was a brief by William A. Wulf and Sazama & Wulf, S.C., of Merrill, and oral argument by William A. Wulf.

CONNOR T. HANSEN, J.

The essential facts are not in dispute. Early in 1972, the City of Merrill advertised for bids on construction of a wastewater treatment plant addition. The bid proposal required that each bid be accompanied by a certified check or bid bond for 10 percent of the bid amount ". . . as a guarantee that after a bid is accepted the bidder will execute and file the contract and a 100% performance bond within...

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