United States ex rel. Franklin Paint Co. v. Kagan

ALDRICH, District Judge.

At the pre-trial of this case, brought under the Miller Act, the parties stipulated all of the issues except one, namely whether the plaintiff had complied with the provisions of 40 U.S.C.A. § 270b(a) requiring it to give written notice to the defendant within 90 days from the time it furnished the supplies in question. On this subject I am given the original correspondence.

On July 17, 1952, within the 90 days, the plaintiff wrote the defendant regarding its unpaid bill and, asked for assistance. The, defendant replied, suggesting that the plaintiff contact the *332bonding…