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Contracts Keyed to Scott
Seitz v. Mark-O-Lite Sign Contractors, Inc.
Facts
George Seitz (Plaintiff) hired Mark-O-Lite Sign Contractors, Inc. (Defendant) to restore and replace a neon sign marquee. The project necessitated sheet metal work, which Al Jorgenson, Defendant’s employee, was scheduled to perform. Jorgenson was the only Defendant employee capable of performing the expert sheet metal work the job required. Jorgenson, however, was not named in the contract. Jorgenson had a debilitating diabetes condition and after the contract was signed, required an extended stay in the hospital. At this point, Defendant informed Plaintiff that it could not perform its duty under the contract because of Jorgenson’s unavailability. Defendant also contacted other sign companies, but found that they would charge Defendant too much to make it economically feasible to contract out the work that Jorgenson would have done. Eventually Plaintiff hired a different sign company to do the work and was charged $7200 more than the price in the Defendant contract. Plaintiff sued to recover that amount.
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