Summerall Electric Co. and other subcontractors were hired by National Church Services, Inc. (NCS), which was the

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Summerall Electric Co. and other subcontractors were hired by National Church Services, Inc. (NCS), which was the general contractor on a construction project for the Church of God at Southaven. As work progressed, payments from NCS to the subcontractors were late and eventually stopped altogether. The church had paid NCS in full for the entire project beforehand, but apparently NCS had mismanaged the project. When payments from NCS stopped, the subcontractors filed mechanic’s liens for the value of the work they had performed but for which they had not been paid. The subcontractors sued the church, contending that it was liable for the payments because NCS was its agent on the basis of either actual or apparent authority. Was NCS an agent for the church, thereby making the church liable to the subcontractors? Explain your reasoning. [Summerall Electric Co. v. Church of God at Southaven, 25 So.3d 1090 (App.Miss. 2010)]


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Business Law Text and Cases

ISBN: 978-1111929954

12th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross

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