Amcon, Inc. v. Southern Pipe & Supply Co.

Stolz, Judge.

The defendant general contractor appeals from the denial of its motion to dismiss the plaintiff materialman’s complaint based on materials furnished defendant’s subcontractor in construction of a public works job for DeKalb Sewerage Treatment Plants for $5,119.27.

On May 8,1973, within the 90-day period specified in Code Ann. § 23-1708, the plaintiffs attorneys sent the following letter:

"Mr. H. F. Cameron

DeKalb County Water Department

P. O. Box 1087

Decatur, Georgia

Dear Mr. Cameron:

We represent Southern Pipe & Supply Company, Inc., which is owed $3,192.72 for invoices against…