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FIRESIDE MARSHMALLOW CO. v. FRANK QUINLAN CONST. CO.

No. 14641.

199 F.2d 511 (1952)

FIRESIDE MARSHMALLOW CO. v. FRANK QUINLAN CONST. CO.

United States Court of Appeals, Eighth Circuit.

October 28, 1952.

Attorney(s) appearing for the Case

Charles B. Blackmar, Xansas City, Mo. (Arthur N. Nystrom and Blackmar, Newkirk, Eager, Swanson & Midgley, Kansas City, Mo., on the brief), for appellant.

Harry A. Hall and Donald F. Price, Kansas City, Mo., for appellee.

Before SANBORN, WOODROUGH and COLLET, Circuit Judges.

COLLET, Circuit Judge.

Plaintiff-appellant made a contract, in writing, with defendant on June 14, 1950, for the installation of a mastical heavy duty trucking floor in the building occupied by plaintiff in Kansas City, Kansas. Defendant engaged a subcontractor to install the floor. The subcontractor commenced laying the floor on June 30, 1950. This type of floor was supposed to dry quickly and it was anticipated that it could be used within 48 hours. It did not dry...

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