Dunkley Surfacing Co. v. George Madsen Construction Co.

Peterson, Justice.

Plaintiff, Dunkley Surfacing Company, Inc., a subcontractor, agreed to perform excavation and blacktopping at a stated price for defendant, George Madsen Construction Company, a general contractor, in the construction of a sales and automobile service center for Montgomery Ward & Company in Robbinsdale, Minnesota. A dispute arose between plaintiff and defendant during the course of work on the project, as the result of which plaintiff “walked off” the job without completing performance of the agreement. Plaintiff, claiming that defendant so breached the contract as to make…