In the Matter of Fox Metal Industries, Inc., Bankrupt. C. B. Messenger, Receiver v. Frontier Plumbing & Heating Co.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
SETH, Circuit Judge.
Appellant, Frontier Plumbing & Heating Co., was the major mechanical subcontractor on a building project at Northern Colorado University. On February 19, 1969, Frontier and Fox Metal Industries, Inc. entered into a contract under which Fox agreed to perform «sheet metal work on the building as Frontier’s subcontractor. The contract was in the amount of $404,456.00 and provided that the subcontractor (Fox) would progress on this work as rapidly as Frontier “may judge that the progress of the structure will permit.” The contract also provided that if Fox fell behind in its…
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