Ohio Court of Appeals November 9, 1933, No 579 (General Electric Supply Corp. v. Wiley Electric Co.)

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OPINION

By HAMILTON, PJ.

It will be noted that the petition fails to allege that a statement of the amount' due was furnished to the Insurance Company within the ninety days after acceptance of the work, as provided for in §2365-3, GC.

The trial court sustained the demurrer, presumably on authority of Atkinson et v Orr-Ault Construction Co, 124 Oh St, 100.