McNair Const. Co., Inc. v. Fogle Bros. Co.

JOHNSON, Judge.

The first issue presented in this appeal is whether the trial court erred in granting summary judgment for plaintiff. The evidence presented tends to show the following: in July 1976, plaintiff purchased 24 solid core birch doors of approximately 3 feet by 8 feet from defendant for installation in a building being constructed by plaintiff. In December 1976, after the doors had been hanging in place for about five months, plaintiff notified Fogle that 15 of the doors were defective in that they were warped. A salesman for Fogle, Robert Ogburn, inspected the doors and agreed they…