The Valley Oil Company, Inc. v. Alfred D. Barry et al.

The Valley Oil Company, Inc. v. Alfred D. Barry et al. Superior Court Tolland County File No. 5824 Memorandum filed May 8, 1952. Ellis, Baczka & Davis, of Middletown, for the Plaintiff. Pelgrift, Dodd, Blumenfeld <& Nair and Edward PL. Smith,, of Hartford, for the Defendants. [MAJORITY — Mellitz, J.] Mellitz, J. The complaint sets forth in part a claim by the plaintiff on a payment bond furnished by the defendants Frouge Construction Company, Inc., as principal, and Hartford Accident and Indemnity Company, as surety, to the state of Connecticut, described in paragraph 2 of the complaint. The bond was given pursuant to the requirements of § 7214 of the General Statutes. The complaint alleges that the plaintiff supplied materials to a subcontractor. Section 7215 provides that one occupying the position of this plaintiff shall have a right of action on the bond upon giving a written notice to the contractor as prescribed in the statute. Section 42 of the Practice Booh requires that the notice be recited in the complaint or a copy annexed thereto. Failure to comply with the rule leaves the complaint deficient in a vital particular. Barteis v. Windsor, 134 Conn. 569, 571. The demurrer is sustained for the reason assigned therein.