W. D. Haddock Construction Co. v. D. H. Overmyer Co.

QUILLEN, Judge.

There is no factual dispute and the following statement is taken directly from the briefs in the case with only slight modification.

Plaintiff and defendant entered into a contract on March 25, 1968 for the construction of a warehouse and office building whereby plaintiff agreed to construct the building within four months of issuance of a building permit. Defendant agreed to pay a total price of five hundred fifty-one thousand three hundred and thirty six dollars, said amount to be payable at eight progress stages.

On April 28, 1969, the plaintiff filed this suit seeking not…