Anthony Tile & Marble Co. v. H. L. Coble Construction Co.

MORRIS, Judge.

Defendant Coble assigns as error the trial court’s failure to grant his motions for directed verdict and asserts among his contentions that there was insufficient consideration to support any modification extending the time required to secure a performance and materials payment bond under the agreement of 28 August 1969.

Parties to a contract may by mutual consent agree to change its terms and a written contract may ordinarily be modified by a subsequent parol agreement and such subsequent agreement may be either express or implied by conduct of the parties. But to be effective…