Advance Auto Body Works, Inc. v. Asbury Transportation Co.

Plaintiff, a corporation engaged in the business of building commercial trucks and auto bodies, and defendant corporation entered into a written contract under the terms of which plaintiff agreed to construct a horse-van body for defendant, the construction work to be done “on a time and material cost plus 10%’’ basis. When the work was finished, plaintiff rendered a bill for $2,008.41 covering the work, and defendant tendered payment of $1107.27 plus sales tax as payment in full. The difference in the two amounts was made up of general overhead charges. The trial court rendered judgment in…