Ez Go Car Division of Textron, Inc. v. Kuhlke Construction Company.

Smith, Judge.

Kuhlke Construction Co. sued E-Z Go Car Division of Textron, Inc. for amounts allegedly due under either a primary construction contract or a supplemental contract which purported to accord a dispute which arose under the original contract. A jury question was raised as to the enforceability of the supplemental contract. If the jury found it binding, a further question arose as to whether the parties had complied with its terms; if not binding, the question became whether the parties had met the terms of the original contract. The law on each of these issues was accurately…