GOLDEN VALLEY SUPPLY v. AMERICAN INS. CO.

No. 95-0357.

195 Wis.2d 866 (1995)

537 N.W.2d 58

GOLDEN VALLEY SUPPLY COMPANY, Plaintiff-Respondent, v. The AMERICAN INSURANCE Co., a/k/a Fireman's Fund Ins. Cos. and Frank Tomlinson Co., Inc., Defendants-Third Party Plaintiffs-Appellants, v. Patrick BUCKMASTER, d/b/a Liberty Construction, Defendant-Third Party Defendant.

Court of Appeals of Wisconsin.

Decided July 18, 1995.


Attorney(s) appearing for the Case

On behalf of the defendants-third party plaintiffsappellants, the cause was submitted on the briefs of Matthew F. Anich of Dallenbach & Anich, S.C. of Ashland.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of David J. Zubke of Best & Flanagan of Minneapolis, Minnesota.

Before Cane, P.J., LaRocque and Myse, JJ.


CANE, P.J.

Frank Tomlinson Company, Inc., and its insurer, American Insurance Company, appeal a summary judgment in favor of Golden Valley Supply Company. The trial court granted Golden Valley summary judgment, concluding that § 779.14, STATS., required Tomlinson to provide a bond to protect material suppliers. American and Tomlinson contend that because Tomlinson's contract is for labor only, they are not liable to...

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