Martin v. Rollins, Inc.

Marshall, Judge.

The questions presented in this appeal are whether a contractor could rescind a construction contract and whether or not the owner, on whose property the construction was taking place, breached the contract. Both questions involve unresolved factual disputes, and summary judgment was properly denied.

The facts show that the landowner, Rollins, had entered into a construction contract with the appellant contractor to build a plant and warehouse for one of Rollins’ subsidiary fabric operations. Before the construction was completed, but after the completion deadline, Rollins…