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JOHN W. JOHNSON, INC. v. BASIC CONSTRUCTION CO.

Nos. 22813, 22814, 22836, 22837.

429 F.2d 764 (1970)

JOHN W. JOHNSON, INC., a Corporation v. BASIC CONSTRUCTION CO., Inc., Appellant, Defendant and Third Party Plaintiff, Edward Durell Stone, JOHN W. JOHNSON, INC., a Corporation v. BASIC CONSTRUCTION CO., Inc., Appellant, Defendant and Third Party Plaintiff, Edward Durell Stone, The Travelers Indemnity Co., Third Party Defendant. JOHN W. JOHNSON, INC., a Corporation, Appellant, v. BASIC CONSTRUCTION CO., Inc., Defendant and Third Party Plaintiff, Edward Durell Stone. JOHN W. JOHNSON, INC., a Corporation, Appellant, v. BASIC CONSTRUCTION CO., Inc., Defendant and Third Party Plaintiff, Edward Durell Stone, The Travelers Indemnity Co., Third Party Defendant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1970.

Attorney(s) appearing for the Case

Mr. Alexander M. Heron, Washington, D. C., with whom Mr. John A. Whitney, Washington, D. C., was on the brief, for appellant in Nos. 22813 and 22814 and appellee Basic Construction Co., Inc. in Nos. 22836 and 22837.

Mr. John P. Arness, Washington, D. C., with whom Messrs. James E. Murray and David J. Hensler, Washington, D. C., were on the brief, for appellant in Nos. 22836 and 22837 and appellee John W. Johnson, Inc. in Nos. 22813 and 22814.

Mr. John F. Myers, Washington, D. C., with whom Mr. Kahl K. Spriggs, Washington, D. C., was on the brief, for appellee Stone in Nos. 22836 and 22837.

Before WRIGHT, McGOWAN and MacKINNON, Circuit Judges.

MacKINNON, Circuit Judge:

This is an appeal in a breach of contract case brought by John W. Johnson, Inc., a painting subcontractor, against Basic Construction Co., the prime contractor, and Edward Durell Stone, the architect. The project involved the construction of several buildings for the State University of New York at Albany. Basic Construction Company (hereinafter Basic) contracted to construct these buildings for a compensation of approximately $25 million...

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