MAC PON CO., INC. v. Vinsant Painting & Decorating Co.

Mac Pon Company, Inc. (Mac Pon), entered into a contract with New Pilgrim Baptist Church (Pilgrim Church), to construct a new church building. It was agreed that the work would be done in conformity with plans drawn by George Hunter, a registered architect. These plans initially required that regular uncolored concrete blocks would be used in the construction and that the blocks would later be painted. However, Pilgrim Church and Mac Pon orally agreed that tinted blocks should be used rather than the standard uncolored type of blocks. Tinted blocks were decided upon in order to achieve the…