State Ex Rel. Komac Paint & Wallpaper Store v. McBride

.NOBLE, Justice.

Plaintiff- (appellant) sued on a general contractor’s payment bond under the provisions of § 6-6-12, N.M.S.A.1953, for unpaid materials and supplies furnished a subcontractor'for use in construction of a public building. ' This appeal is from a summary ' judgment dismissing'the" action because of plaintiff’s failure to give the statutory written notice within ninety days after furnishing the last materials.

Between January 7 and June 9, • 1960, plaintiff Komac Paint & Wallpaper Store (hereafter referred to as Komac) furnished materials and supplies to a subcontractor engaged in…