Contracts Keyed to Knapp
Morin Bldg. Prods. Co. v. Baystone Constr., Inc
General Motors hired the Defendant, Baystone Construction, Inc. (Defendant), to build an addition to one of its factories. The Defendant hired the Plaintiff, Morin Building Products Company (Plaintiff), to supply and construct the aluminum walls of the factory. The contract required the Plaintiff to supply aluminum with a mill finish that would match the existing metal siding. It also contained a clause providing that “all work shall be done subject to the final approval of the Architect or Owner’s authorized agent, and his decision in matters relating to artistic effect shall be final.” After the completion of the walls, General Motor’s agent rejected the work on the ground that the building did not have a uniform finish, as required by the contract. The Defendant refused to pay the Plaintiff the balance of the contract price. The lower court issued judgment for the Plaintiff. The Defendant appealed on the basis that an objective standard was used to find that General Motor’s rejection of the work was unreasonable.
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