Mitchell v. Flandro

BAKES, Justice.

This action arose out of two construction contracts (referred to as Phase 1 and Phase 2) executed by Leslie Mitchell, d/b/a Mitchell Construction Company, (hereinafter referred to as respondent), with C. Ed Flandro, the late Stella Flandro, and C. Ed Flandro, Inc., (hereinafter referred to as appellants) for the construction of an automobile sales and service plant to house appellants’ Ford dealership.1 Other party appellants named, the lessor-owners of the realty on which the sales and service plant was constructed, are passive in this action.

According to the memorandum…