United States of America for the Use and Benefit of Kelly-Mohrhusen Co., Inc., a Wisconsin Corporation v. Merle A. Patnode Co., Limited

STEVENS, Circuit Judge.

This is an action to recover $2,950 for labor and materials furnished by plaintiff in connection with the construction of an addition to the United States Post Office in Delavan, Wisconsin. Pursuant to an arrangement with the roofing subcontractor, who went bankrupt, plaintiff supplied and installed the flashing. The question presented is whether his notice to the general contractor was adequate to preserve his claim against the surety on its payment bond, the general contractor having also become insolvent. The answer turns on whether the relevant statute, 40 U.S.C. §…