Fleming Asphalt Co. v. Red Stick Construction Co.

KLIEBERT, Judge.

Fleming Asphalt Company, Inc., plaintiff-appellant, filed suit for recovery of unpaid change orders and retainage totalling $74,055.77, allegedly due under a subcontract it entered into with Red Stick Construction Company, Inc. Made defendants were Red Stick Construction Company, Inc., general contractor; National Super Markets, Inc., owner; and National Tea Company, Inc., parent company of the owner (hereinafter jointly National). National filed an answer denying any indebtedness and incorporating therein exceptions of no right of action and no cause of action. Subsequently,…