TRAVELERS INDEM. CO. v. NATL. GYPSUM CO.

No. 79-2375.

394 So.2d 481 (1981)

TRAVELERS INDEMNITY COMPANY, a Foreign Corporation, Appellant, v. NATIONAL GYPSUM COMPANY, a Corporation, Appellee.

District Court of Appeal of Florida, Third District.

February 17, 1981.


Attorney(s) appearing for the Case

August, Pohlig and Milstein and Rosemary J. Michael and R.C. Milstein, Miami, Deutsch and Spring and Lionel M. Spring, New York City, for appellant.

Britton, Cohen, Kaufman, Benson and Schantz and J. Robert Olian, Miami, for appellee.

Before HENDRY, SCHWARTZ and NESBITT, JJ.


NESBITT, Judge.

The issue before us is whether a materialman may recover against a surety on a construction bond absent compliance with a condition precedent requiring written notice be given within ninety days after the claimant has furnished the materials for which the claim is made. We hold that the materialman's failure to comply with the notice provision of the bond precludes recovery and reverse the judgment of the trial court.

In 1977, appellee, National...

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