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STATE v. McBRIDE

No. 7388.

392 P.2d 577 (1964)

74 N.M. 233

STATE of New Mexico for the Use of KOMAC PAINT & WALLPAPER STORE, and Komac Paint & Wallpaper Store, Plaintiffs-Appellants, v. H.R. McBRIDE, d/b/a H.R. McBride Construction Company, and United States Fidelity & Guaranty Company, a corporation, Defendants-Appellees.

Supreme Court of New Mexico.

May 25, 1964.

Attorney(s) appearing for the Case

White & Musgrove, Farmington, for appellants.

Palmer & Frost, Farmington, for appellees.

NOBLE, Justice.

Plaintiff (appellant) sued on a general contractor's payment bond under the provisions of § 6-6-12, N.M.S.A. 1953, for unpaid materials and supplies furnished a subcontractor for use in construction of a public building. This appeal is from a summary judgment dismissing the action because of plaintiff's failure to give the statutory written notice within ninety days after furnishing the last materials...

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