Johnson Service Co. v. Climate Control Contractors, Inc.

O’QUINN, Justice.

The sole question in this appeal is whether the notice a subcontractor is required to give the suréty under the McGregor Act is given when mailed by the subcontractor or when received by the surety.

Article 5160, Vernon’s Ann.Tex.St, often called the McGregor Act, as to notices required for unpaid bills, provides in pertinent part that:

“Such claimant shall have given within ninety (90) days after the 10th day of the month next following each month in which the labor was done or performed, in whole or in part, or material was delivered, in whole or in part, for which such claim…