Mallory v. Daniel Lumber Co.

Banke, Presiding Judge.

The appellee contracted to build a commercial office building for the appellant for a base price of approximately $644,000. The con tract specified that “[a]ll changes in price will become a part of the contract when both parties have signed their acceptance.” After the appellant had made progress payments totalling approximately $521,000, a dispute arose between the parties over how much remained to be paid for the work which had thus far been performed on the project. As a result of this dispute, the appellant refused to make additional progress payments, and the…