Son-Shine Grading, Inc. v. ADC Construction Co.

PHILLIPS, Judge.

The dominant question for our determination is whether ADC’s Field Supervisor, Jack Mabe, had authority to modify the contract with plaintiff by dispensing with the requirement that ADC’s engineers measure the rock that plaintiff removed from the construction site. The several other questions posed by the appellants in their brief are subordinate to and controlled by this one. If Mabe had authority to, and did, modify the contract, whether ADC ratified the change, as the court also found and defendants dispute, is not crucial to plaintiffs case; if the contract was modified to…