MAC PON CO., INC. v. VINSANT PAINTING & DECORATING CO.

80-629, 80-632.

423 So.2d 216 (1982)

MAC PON COMPANY, INC., Dependable Insurance Company and Heritage Insurance Company of America v. VINSANT PAINTING AND DECORATING COMPANY, et al. JIM FLETCHER MANUFACTURER'S AGENT, INC. v. BEST CONCRETE PRODUCTS COMPANY, INC.

Supreme Court of Alabama.

November 24, 1982.


Attorney(s) appearing for the Case

J. Mason Davis, Birmingham, for appellants Mac Pon Company, etc. and Heritage Ins. Co. of America.

Edward S. Zanaty, Birmingham, for appellant Jim Fletcher Manufacturer's Agent, Inc.

Jack E. Held, of Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Birmingham, for appellee Vinsant Painting & Decorating Co.

John F. Whitaker, of Sadler, Sadler, Sullivan, Sharp & Stutts, Birmingham, for appellee Best Concrete Products Co., Inc.


ALMON, Justice.

Mac Pon Company, Inc. (Mac Pon), entered into a contract with New Pilgrim Baptist Church (Pilgrim Church), to construct a new church building. It was agreed that the work would be done in conformity with plans drawn by George Hunter, a registered architect. These plans initially required that regular uncolored concrete blocks would be used in the construction and that the blocks would later be painted. However, Pilgrim Church and Mac Pon orally agreed...

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