Cox Rock Products v. Walker Pipeline Construction

OPINION

ORME, Judge:

Appellants Walker Pipeline Construction and Balboa Insurance Company seek reversal of the trial court judgment in favor of Cox Rock Products. We reverse and remand.

FACTUAL BACKGROUND

Walker Pipeline Construction was Ephraim City’s general contractor for a construction project. Walker subcontracted with Neeley-Western to perform the asphalt patching work called for in the contract. Neeley-Western purchased the asphalt necessary to complete its work from Cox Rock Products. All such purchases were made in October of 1982.

Subsequently, Ephraim City, which apparently had no…