Benson v. Gunn & Briggs, Inc.

OPINION

MASSEY, Chief Justice.

The appeal is from a summary judgment granted on motion of a defendant.

Affirmed.

Defendant Gunn & Briggs, Inc., was in the business of manufacturing, selling and installing a product known as a suspended acoustical ceiling. Plaintiffs Sam Benson and Kenneth C. Benson, d/b/a The Town Pump, operated premises used as a lounge and bar. Connection with the transaction was by Sam Benson, and in the opinion we will speak of plaintiff as in the singular. Plaintiff telephoned defendant and stated his desire to have a new (lower) ceiling placed on the premises. Defendant,…