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SON-SHINE GRADING v. ADC CONST. CO.

No. 8310SC968.

315 S.E.2d 346 (1984)

SON-SHINE GRADING, INC. v. ADC CONSTRUCTION COMPANY, a Georgia Corporation; Raleigh Properties, Ltd., a Georgia Limited Partnership, and Asbury Snow, Jr., General Partner.

Court of Appeals of North Carolina.

May 15, 1984.

Attorney(s) appearing for the Case

Smith, Debnam, Hibbert & Pahl by Carl W. Hibbert, Raleigh, for plaintiff-appellee.

Merriman, Nicholls, Crampton, Dombalis & Aldridge by W. Sidney Aldridge, Raleigh, and Fishman, Kendrick & Gordon by Richard Alan Gordon, Atlanta, Ga., for defendants-appellants.

PHILLIPS, Judge.

The dominant question for our determination is whether ADC's Field Supervisor, Jack Mabe, had authority to modify the contract with plaintiff by dispensing with the requirement that ADC's engineers measure the rock that plaintiff removed from the construction site. The several other questions posed by the appellants in their brief are subordinate to and controlled by this one. If Mabe had authority to, and did, modify the contract, whether ADC ratified...

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