Legal Opinion
E. C. Ernst, Inc. v. General Motors Corporation and the Whiting-Turner Contracting Company
Court of Appeals for the Fifth Circuit
Decided July 24, 1973No. 72-2201PublishedCited by 15 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
The question is whether summary judgment should have been granted below against an electrical subcontractor 1 in an action seeking damages for breach of contract against the general contractor 2 and the owner. 3 The trial court concluded that the action was barred because Plaintiff below had failed to comply with the notice provision in the contract under which it was suing. 4 After carefully reviewing the record, under the usual standard, we have concluded that the court below erred in finding the nonexistence of any triable issue of fact and entering judgment for…
2Cases cited4 opinions
- Bruce Construction Corporation v. United States of America for Use of Westinghouse Electric Supply CompanyCourt of Appeals for the Fifth Circuit · 1957
- R. P. Farnsworth & Co., Inc. v. Tri-State Construction Co.Court of Appeals for the Fifth Circuit · 1959
- Goodwin, Inc. v. City of LafayetteCourt of Appeals for the Fifth Circuit · 1969
- Dunnington v. First Atlantic Nat. Bank of Daytona BeachCourt of Appeals for the First Circuit · 1952
3Cited by15 opinions
- E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
- Standard Alliance Industries, Inc. v. Black Clawson Co.Court of Appeals for the Sixth Circuit · 1978
- E. C. Ernst, Inc. v. General Motors Corp., and the Whiting-Turner Contracting CompanyCourt of Appeals for the Fifth Circuit · 1976
- Sanchez v. Loffland Brothers CompanyCourt of Appeals for the Fifth Circuit · 1980
- Rudolph Sweet, Eddie Rhyne at Al. v. Robert E. Childs, Etc., Etc.Court of Appeals for the Fifth Circuit · 1975
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