Oden Const. Co. v. HELTON

This case involves the sufficiency of an architect’s certificate to support a prime contractor’s termination of contract with a subcontractor, and a question of waiver of the termination clause by the subcontractor voluntarily abandoning his work. The cause is on appeal from an order of the Circuit Court of Forrest County sustaining demurrers to the original and amended declarations. Hence for purposes of this decision we must assume as true the averments of the declaration.

The original declaration, filed by the appellant, Oden Construction Company, plaintiff below, charged that on February…