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H. W. IVEY &c. v. S.W. STEEL PRODUCTS

41036.

111 Ga. App. 526 (1965)

142 S.E.2d 394

H. W. IVEY CONSTRUCTION COMPANY, INC. et al. v. SOUTHWEST STEEL PRODUCTS.

Court of Appeals of Georgia.

Decided April 6, 1965.

Attorney(s) appearing for the Case

Wilson, Branch, Barwick & Vandiver, George W. Hood, John W. Wilcox, Jr., for plaintiffs in error.

Alston, Miller & Gaines, Hewitt H. Covington, Martin H. Peabody, contra.

BELL, Presiding Judge.

1. The petition under consideration did not allege compliance with the following conditions present in the bond involved in this suit. "No suit or action shall be commenced hereunder by any claimant. . . Unless claimant shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last...

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