James Carrington v. W. A. Soefker & Son

NEARN, Judge. Appellant James Carrington, d/b/a Carrington Construction Company, entered into a contract with appellee, W. A. Soefker & Son, Inc., in which Carrington became a sub-contractor to perform sewer installation work on the Federal Youth Center Project at Memphis. Soefker had contracted with the Federal government to perform a major portion of the underground plumbing and electrical installation on the project. Carrington began working on the project July 16, 1975. On July 28, 1975, Soefker sent a letter to Carrington stating that Soefker considered Carrington to be behind schedule and in breach of contract. soefker further stated that unless by July 30, at 8:00 a.m., Carrington personally took over supervision of the job and had equipment satisfactory to Soefker on the job site, Soefker would take over the job from Carrington. On August 1, Soefker sent a second letter to Carrington notifying him to cease operations. Although Carrington apparently did some minor work on the project after that time, Soefker completed the major portion of Carrington's contract.