Corp. of Presiding Bishop of Church of Jesus Christ of Latterday Saints v. Cavanaugh

The defendants Cavanaugh and Plastic Process Company have appealed from a judgment 1 in an action arising out of the failure of a radiant heating system which was installed in the plaintiff’s church, to function properly. Cavanaugh was the contractor who made the installation. The plastic tubing or pipe which proved to be inefficient for the particular use was manufactured by Plastic Process Company.

The findings of fact of the trial court were in part as follows: 1. On July 9, 1953, the plaintiff and Cavanaugh entered into a written contract for the installation of a radiant heating system…