WESTERN CAS. AND SUR. CO. v. HONEYWELL, INC.

No. 51690.

380 So.2d 1385 (1980)

The WESTERN CASUALTY AND SURETY COMPANY v. HONEYWELL, INC.

Supreme Court of Mississippi.

Rehearing Denied April 2, 1980.


Attorney(s) appearing for the Case

Cox & Dunn, Vardaman S. Dunn, Jackson, for appellant.

Pope & Van Slyke, J.B. Van Slyke, Jr., Hattiesburg, for appellee.

Before SMITH, SUGG and BOWLING, JJ.


SUGG, Justice, for the Court:

This is an appeal from a final decree of the Chancery Court of Forrest County awarding Honeywell, Inc. a judgment for $7,728.00, plus interest against Western Casualty and Surety Company.

The sole question is whether a provision in a payment bond executed in compliance with section 31-5-1 Mississippi Code Annotated (1972), requiring a supplier of a subcontractor to give notice of his claim within 90 days after furnishing the last...

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