MAC PON CO., INC. v. Vinsant Painting & Decorating Co.

Citations: 423 So. 2d 216; 35 U.C.C. Rep. Serv. (West) 99Docket: 80-629, 80-632

Court: Supreme Court of Alabama; November 23, 1982; Alabama; State Supreme Court

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In the case of Mac Pon Company, Inc. v. Vinsant Painting and Decorating Company, the Supreme Court of Alabama addressed a contractual dispute arising from the construction of a church building for New Pilgrim Baptist Church. Mac Pon Company initially contracted to use uncolored concrete blocks but later orally agreed with the church to use tinted blocks to avoid painting. Mac Pon ordered 'buff colored fluted block ET4' from Jim Fletcher Manufacturer's Agent, Inc., which in turn ordered from Best Concrete Products Company, Inc. After Best, Inc. delivered blocks that did not meet the church's color expectations, the church requested a replacement with a different color.

Once the tinted blocks were incorporated, discrepancies in color led Mac Pon to hire Vinsant Painting to paint the building. Vinsant completed the work but was not paid the $7,700 due to Mac Pon's claim that the painting was not uniform. Vinsant Painting subsequently filed a breach of contract lawsuit against Mac Pon and Pilgrim Church, later adding the sureties, Dependable Insurance Company and Heritage Insurance Company, to the case.

The trial court ruled in favor of Vinsant Painting, ordering Mac Pon, Dependable, and Heritage to pay the contract price. It denied claims against Pilgrim Church and counterclaims by Mac Pon and Pilgrim Church against Vinsant Painting. Additionally, the court rejected Mac Pon's third-party claims against Fletcher, Inc., and Fletcher, Inc.'s claims against Best, Inc.

Appeals were initiated by Mac Pon, Dependable, Heritage, and Fletcher, Inc., collectively referred to as Mac Pon, based on a trial record created from counsel's memories and notes per Alabama's Rule 10(d) of the Appellate Procedure. Mac Pon argues against the application of the ore tenus rule, which presumes the trial court's findings are correct if supported by competent evidence, unless they are found to be plainly erroneous or manifestly unjust, as established in First Alabama Bank v. Coker.

In a breach of contract case brought by Vinsant Painting against Mac Pon, conflicting evidence was presented regarding a contract stipulating the application of a clear silicone sealer and latex paint to achieve a uniform color on church block walls. Substantial performance, which does not require exact adherence to every detail, was assessed based on the presented facts. Vinsant Painting's evidence included testimony from Ky Vinsant, who advised against Mac Pon's chosen combination of coatings, yet confirmed that a uniform color was achieved despite variations in shades due to block porosity. Painter Ken Goolsby affirmed that the church was pleased with the work, while a Glidden Paint employee supported the notion that the specified application would yield a uniform color with different shades.

Despite contrary evidence from Mac Pon claiming inadequate performance and lack of uniformity, the evidence presented by Vinsant Painting sufficiently supported the trial court's judgment for breach of contract. Consequently, Mac Pon's appeal regarding its counterclaim against Vinsant Painting is dismissed, as a finding of adequate performance negates the counterclaim's merit. Additionally, in Mac Pon's third-party claim against Fletcher, Inc., which asserted breach of contract and warranty for not supplying uniformly tinted blocks, evidence indicated that Fletcher, Inc. complied with contract terms.

Fletcher, Inc. provided tinted blocks to Pilgrim Church, which were selected by the church and its architect. Testimony from Braxton Collins, former president of Best, Inc., indicated that shade variations are inherent in the manufacturing process, and there was no warranty on these shades. Evidence showed that the completed walls did not exhibit unacceptable color variations, and church officials, including Robert Collins and painter Ken Goolsby, noted no significant color issues, with Goolsby stating the blocks appeared uniform. John Golightly, an expert in tinted blocks, also confirmed the uniformity of the blocks on the church's exterior. The court found credible evidence that the blocks met all warranty requirements outlined in the relevant Alabama Code provisions and that other factors, beyond the block color, may have influenced the decision to paint the church. The trial judge's denial of Mac Pon's third-party claim against Fletcher, Inc. was upheld, as was Fletcher, Inc.'s third-party claim against Best, Inc., since it was contingent on Mac Pon's claim. The judgment was affirmed, with all justices concurring except for Justice Adams, who recused himself.