United States ex rel. General Electric Co. v. Gunnar I. Johnson & Son, Inc.

REGISTER, District Judge.

This is an action commenced under the provisions of the Miller Act, 40 U.S.C.A. § 270b, for the recovery of a certain sum alleged to be due the appellant for materials furnished the appellee Gunnar I. Johnson & Son, Inc., a corporation. The sole issue is whether the written notice of claim given by the use plaintiff (appellant) to the prime contractor, Gunnar I. Johnson & Son, Inc., (appellee) was given within ninety days from the date on which said appellant furnished the last of the material for which such claim is made, as required by said statute.1

This case was…