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AMARR COMPANY v. J. M. DIXON, INC.

No. 6915SC200.

168 S.E.2d 475 (1969)

5 N.C. App. 479

AMARR COMPANY v. J. M. DIXON, INC. and Peerless Insurance Company.

Court of Appeals of North Carolina.

July 23, 1969.

Attorney(s) appearing for the Case

Booe, Mitchell, Goodson & Shugart, by William S. Mitchell, Winston-Salem, for plaintiff appellee.

Adams, Kleemeier, Hagan, Hannah & Fouts, by Walter L. Hannah, Greensboro, for defendant appellants.

BRITT, Judge.

The question presented is whether a condition in a bond, made pursuant to the requirements of G.S. § 44-14, that "[n]o suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, 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...

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