Myers v. Philip Carey Co.

1. To a suit upon a written contract for material furnished and labor performed in roofing a building, it is no defense that an express warranty,, made by the plaintiff, in the contract, that the roof was to be free from leaks, defective material, etc., for the period of ten years, has been breached, when, immediately following the special warranty, are these words: “Due notice of any leaks or other unsatisfactory service of the roof to be given to the Philip Carey Company [the plaintiff] in writing,” and where it is undisputed that no such notice was ever given, and no waiver of the notice…