Boyter v. MCR Construction Co.

ALLEN, Justice.

Jack Boyter appeals from a summary judgment in favor of MCR Construction Co. rescinding a contract between Boyter and MCR. We agree with Boyter’s contention on appeal that MCR failed to establish its case as a matter of law. Consequently, we reverse and remand.

MCR and Boyter entered into a written contract in July 1982 under which Boyter agreed to provide subcontracting materials and services to prepare sites for factory built homes and to install the homes. MCR agreed to pay Boyter the difference between a budgeted amount of $93,700 and the actual costs incurred. About one…