Bb & S General Contractors, Inc. v. Thornton & Associates, Inc.

The facts underlying the dispute in this action may be summarized briefly for the purposes of resolving this appeal. The parties' claims result from a disagreement regarding the performance under a contract to cut timber from certain real property. Pursuant to that contract, Thornton Associates, Inc. ("Thornton"), for a specified price, was to harvest timber from certain real property to which BBS General Contractors, Inc. ("BBS"), held the timber rights. It appears that Stanley R. Bowen, Sr., and his wife, Diane Bowen, were shareholders in BBS.

Thornton hired a third party to harvest the…