People Ex Rel. F. Yeager Bridge & Culvert Co. v. Cooke Contracting Co.

Ad,ams, J.

Defendant Cooke Contracting Company entered into a highway construction contract with the Michigan State highway commissioner. Defendant Fidelity & Deposit Company furnished the statutory bond. Cooke subcontracted a bridge-building portion of the highway work to W. J. Storen Company. Plaintiff F. Yeager Bridge & Culvert Company furnished Storen with steel beams priced at $46,152.10. Subcontractor Storen failed to pay and plaintiff brought this suit under CL 1948, § 570.101 et seq. (Stat Ann § 26.321 et seq.).

According to plaintiff’s declaration, the statutory notice required to be…