General Electric Supply Corp. v. Wiley Electric Co.

OPINION

By HAMILTON, PJ.

It will be noted that the petition fails to allege that a statement of the amount' due was furnished to the Insurance Company within the ninety days after acceptance of the work, as provided for in §2365-3, GC.

The trial court sustained the demurrer, presumably on authority of Atkinson et v Orr-Ault Construction Co, 124 Oh St, 100. Plaintiff, not desiring to plead further, judgment was entered on the sustaining of the demurrer and the petition was dismissed. Error is prosecuted from that judgment.

Plaintiff in error contends that the petition states a cause of action at…