United States Ex Rel. American Radiator & Sanitary Corp. v. Northwestern Engineering Co.

JOHNSEN, Circuit Judge.

The question is whether' the requirement in the Miller Act of August 24, 1935, 40 U.S.C.A. §§ 270a and 270b, for written notice to the general contractor on a public work or building, of any unpaid claim for materials or labor furnished to a subcontractor, as the foundation for a suit upon the contractor’s bond, is a strict condition precedent to a right of action, or whether the giving of such a written notice can be held to be waived by a verbal denial of liability on the part of the general contractor to the materialman.

The trial court held that the giving of a…