Ralston Dry-Wall Company, Inc. v. United States Gypsum Co. And Robert J. Clark

BREYER, Chief Judge.

Ralston Dry Wall, the appellant, entered a subcontractor’s bid for outside wall installation work on a building project. Ral-ston won the bid, but it turned out that Ralston had calculated its price on the assumption that it could use appellee United States Gypsum’s “Fly-By” wall system. That system failed to meet the project architect’s specifications and Ralston had to install a more expensive system at its own expense. Ralston has sued Gypsum, and Robert Clark, a Gypsum employee, for the difference.

Ralston’s suit rests primarily upon claims of negligent (or intentional)…