T. F. Scholes, Inc., and United States Fidelity and Guaranty Company v. United States of America, for the Use and Benefit of Lock Joint Pipe Company

MURRAH, Chief Judge.

This is an appeal from a judgment in an action under the Miller Act (40 U.S. C.A. §§ 270a, 270b) allowing recovery by a materialman for the balance owed on materials furnished Appellant’s subcontractor.

The sole issue is whether the demand for payment was timely, within the meaning of the notice provisions of the Act, which pertinently provides: “Every person who has furnished labor or material in the prosecution of the work * * * and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the * * * material…