City of Columbia v. C.F.W. Construction Co.

OPINION

BROCK, Justice.

Plaintiff, City of Columbia, sues the defendants, C.F.W. Construction Company, a general contractor, and Sherman Concrete Pipe Company, a pipe manufacturer, for specific performance or, in the alternative, for damages alleging deficiencies in performance of a sewer construction contract. Right to relief was based both upon the original construction contract and a later executed guaranty agreement. At the close of plaintiff’s proof the Chancellor granted defendants’ motion for dismissal of the action. Holding that the subsequently executed guaranty agreement superseded…