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WAUKESHA CONCRETE v. CAPITOL INDEMNITY

No. 84-1703.

127 Wis.2d 332 (1985)

379 N.W.2d 333

WAUKESHA CONCRETE PRODUCTS COMPANY, INC., Plaintiff-Respondent and Cross-Appellant, v. CAPITOL INDEMNITY CORPORATION, a Wisconsin corporation, Defendant-Appellant and Cross-Respondent, D&K CONSTRUCTION COMPANY, a Wisconsin corporation; Richard Servi and P. Kenneth Servi, Defendants.

Court of Appeals of Wisconsin.

Decided November 13, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant and cross respondent, there were briefs by George W. Greene and Douglas H Starck of Prosser, Wiedabach & Quale, S.C. of Milwaukee. Oral argument by Douglas H. Starck.

For the plaintiff-respondent and cross-appellant, a brief was filed by Richard N. Hunter and Timothy J. Lavin of Hunter & Sommers of Waukesha. Oral argument by Timothy J. Lavin.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

Capitol Indemnity Corporation (Capitol Indemnity), the bonding company, appeals from a summary judgment granted to Waukesha Concrete Products Company, Inc. (Waukesha Concrete) for principal and interest owed to Waukesha Concrete by D & K Construction Company (D & K), the prime contractor, for labor and materials supplied for seven public works projects. Capitol Indemnity's primary contention is that, as a surety, it is not liable for interest charges...

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