O'Neil-Dunham, Inc. v. Pearson

Pannell, Judge.

1. When a subcontractor contracts with a prime contractor to furnish labor and materials for specified work at a specified price and this contract is breached by the prime contractor and the subcontractor notifies the contractor that he is rescinding the contract, and the contractor notifies the subcontractor that he is terminating the contract, such action amounts to an abandonment of the contract by both parties, or a mutual rescission of the contract as to any unperformed portion thereof by either of the parties, and the subcontractor, if he has supplied any of the labor and…