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Contracts Keyed to Frier
Morin Building Products Co. v. Baystone Construction, Inc.
Citation:
22 Ill.717 F.2d 413 (7th Cir. 1983)Facts
General Motors hired Defendant to build a new addition to its Chevrolet factory in Indiana. Defendant hired Plaintiff to complete the aluminum walls for the addition. Pursuant to the contract, the walls were to be made out of “mill-finish” aluminum; a grade of aluminum characterized by its raw and sometimes uneven appearance. The contract additionally provided that all work was subject to final approval by General Motors’ agent, and that his “decision in matters relating to artistic effect shall be final, if within the terms of the Contract Documents.” Plaintiff successfully completed the walls. However, when viewed from an angle in the sunlight, the walls did not have a uniform appearance. The General Motors agent rejected the walls, and Defendant hired another contractor to replace them. The second walls were accepted, despite still having a slightly uneven appearance when viewed at an angle in the sunlight. Defendant refused to pay Plaintiff for the balance of the contract price ($23,000) and Plaintiff successfully brought suit for the balance. Defendant appealed.
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