City of St. Louis ex rel. Atlas Plumbing Supply Co. v. Aetna Casualty & Surety Co.

HIGGINS, Commissioner.

Atlas Plumbing Supply Company sued Aetna Casualty and Surety Company on its performance bond, and J. S. Alberici Construction Company, Inc., and T. J. McNamara Company, Inc., individually, for $1,964.45 balance on account of materials furnished on a contract with the City of St. Louis. Defendants Aetna and Alberici moved for dismissal on the ground the suit on the bond was not instituted within ninety days after completion of the contract as required by Section 100.130, Revised Code of the City of St. Louis. From an adverse ruling sustaining the motion to dismiss,…