Olson v. Quality-Pak Company

DONALDSON, Justice.

On June 28, 1966, the Olson Construction Company (plaintiff-appellant) and the ■Quality-Pak Company (defendant-respondent) entered into a written contract whereby Olson Construction was to build a potato cellar for Quality-Pak in consideration of "the sum of $10,250. The terms of payment were prescribed as follows:(1) $2,000 when the contract is entered into;(2) $3,500 when hole is dug, footings are in, and logs delivered;(3) $2,500 when rafters are up and sheeting is placed thereon;(4)$2,250 when ends are erected, vents are placed and cellar is covered with dirt.

The…