STATE EX REL. STATE ELECTRIC SUPPLY CO. v. McBride

OPINION

CHAVEZ, Chief Justice.

Plaintiff-appellant State Electric Supply Company, Inc., a corporation, hereinafter referred to as “Electric,” brought suit on a general contractor’s payment bond under § 6-6-12, N.M.S.A., 1953 Comp., for use in the construction of an annex to the science building of the Farmington High School. The case was tried to the court sitting without a jury, who denied use plaintiff Electric recovery on the ground that it had failed to comply with the notice requirement specified in § 6-6-12, supra, in that the written notice was not timely mailed. From said judgment…