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  5. 483 S.W.2d 674 (1972)
 

REORGANIZED SCH. DIST. R-3 v. L. D. COMPTON CONST. CO.

No. 34084.

483 S.W.2d 674 (1972)

REORGANIZED SCHOOL DISTRICT R-3, POTOSI, Mo., at the relation and for the Use and Benefit of AHRENS & McCARRON, INC., a corporation, Plaintiff-Respondent, v. L. D. COMPTON CONSTRUCTION COMPANY et al., Defendants, L. D. Compton Construction Company and The Travelers Indemnity Company, Defendants-Appellants.

Missouri Court of Appeals, St. Louis District.

Motion for Rehearing or to Transfer Denied June 28, 1972.

Application to Transfer Denied September 11, 1972.

Attorney(s) appearing for the Case

William L. Pannell, Pannell, Dodson & Robinson, Festus, for defendants-appellants.

John W. Howald, James E. Bowles, Thurman, Nixon, Smith & Howald, Hillsboro, for plaintiff-respondent.

Motion for Rehearing or to Transfer to Supreme Court Denied June 28, 1972.

WEIER, Judge.

Two issues are presented in this case. First, is a provision valid and enforceable in a labor and material payment bond which requires the claimant to give written notice within ninety days after he furnishes the last of the materials for which claim is made? And, second, if the provision is valid, did the replacement of a gas pipe leading into a gas-fired water heater...

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