Anderson v. Clayton

BATEMAN, Justice.

The question here is whether the plaintiff subcontractor gave timely notice of his claim to establish liability of the surety on a payment bond given by the general contractor on private work pursuant to Article 5472d.* Anderson sued the general contractor, David F. Clayton, and the surety, National Surety Corporation, Fireman’s Fund American Insurance Companies, but later nonsuited Clayton, who had been adjudicated a bankrupt, and proceeded against the surety.

All of the facts were stipulated. It was agreed, inter alia, that December 1968 was the last month in which labor was…