Joseph F. Hughes & Co. v. Pioneer Fireproof Door Corp.

PER Curiam. In the first of the two appeals involved here, the defendant-appellant questions the validity of a judgment rendered against it in favor of the plaintiff-appellee in a suit to recover the-agreed price for five metal fire doors furnished by appellee as subcontractor for appellant, which was the general contractor in the construction of a high school. The dispute turned on whether under the contract between the parties, the appellant or the appellee was required to supply the hardware, such as. locks, hinges, etc., for the doors delivered by appellee without such accessories. Claiming breach of contract on the part of the appellee, the appellant filed a counterclaim to recover costs and expenses of installing substitute doors and accessories.

The second appeal is from a judgment entered for appellee on the counterclaim. There was a provision in the subcontract between the parties that the job was to be done in accordance with the specifications of the general contract, which provided that subcontractors would be responsible for hardware except as provided to the contrary in any subcontract. Although the subcontract specifically excluded the supplying and installation of hardware, appellant contended it was somewhat ambiguous