Murray v. Marbro Builders, Inc.

In March 1973, plaintiff-appellee Carl Murray, a plumbing contractor, contracted with defendant-appellant Marbro Builders, Inc. (Marbro), to install all sewer systems, water lines and concrete curbing in a subdivision being developed by Marbro for an agreed price of $150,265.38. The contract recited that time was of the essence in the performance of the contract, and specified a completion date of November 1, 1973, for all work undertaken by Murray. Murray commenced performance of the contract in May 1973, and immediately encountered numerous delays in construction occasioned by subsurface…