(DOWNLOAD) "Coffee v. United States" by Fifth Circuit Circuit Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Coffee v. United States
- Author : Fifth Circuit Circuit Court Of Appeals
- Release Date : January 18, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The appellee R. T. Gordon obtained a judgment for sand furnished in the work against appellants L. M. Coffee and C. G. Coffee, co-partners, and their sureties on a public construction payment bond given under the Miller Act, 40 U.S.C.A. §Â§ 270a and 270b. The only point for decision on this appeal is whether Gordon, whose contractual relationship was only with subcontractors, gave a sufficient notice of his claim to the Coffees, the principal contractors, as required of him by the provision of the Act: "Provided, however, That any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing said payment bond shall have a right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the date on which such person did or performed the last labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the contractor at any place he maintains an office or conducts his business, or his residence, or in any manner in which the United States marshal of the district * * * is authorized by law to serve summons."
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