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TENN. ASPHALT CO. v. PURCELL ENTERPRISES

631 S.W.2d 439 (1982)

TENNESSEE ASPHALT COMPANY, Plaintiff-Appellant, v. PURCELL ENTERPRISES, INC., et al., Defendants-Appellees.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied April 5, 1982.

Attorney(s) appearing for the Case

George F. Legg, of Stone & Hinds, P.C., Knoxville, for plaintiff-appellant.

Kelley Hinsley, of Noe, Hinsley & Sempkowski, Morristown, for Purcell Enterprises, Inc.

Wayne K. Houser, Jr., Asst. Atty. Gen., Knoxville, for defendants-appellees; William M. Leech, Jr., Atty. Gen., Knoxville, of counsel.

Permission to Appeal Denied by Supreme Court April 5, 1982.

OPINION

FRANKS, Judge.

The principal issue on appeal is whether a party to a construction contract calling for performing of labor and furnishing materials over a period of time may abandon the contract and recover for services and material furnished where the other party has violated a provision requiring payments at specified times during the progress of the work.

In 1977, defendant...

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