Hill v. Polar Pantries
| Decision Date | 30 April 1951 |
| Docket Number | No. 16496,16496 |
| Citation | 25 A.L.R.2d 1080,219 S.C. 263,64 S.E.2d 885 |
| Court | South Carolina Supreme Court |
| Parties | , 25 A.L.R.2d 1080 HILL v. POLAR PANTRIES. |
W. D. Workman, J. D. Todd, Jr., Greenville, for appellant.
Price & Poag, Greenville, Watkins & Watkins, Anderson, for respondent.
This is an action for the recovery of damages alleged to have been caused by the negligence of appellant in furnishing unsuitable and defective plans and specifications for the insulation of a frozen food locker plant and in failing to properly supervise the work. The trial resulted in a verdict for respondent in the sum of $10,100. The only question for determination on this appeal is whether the Court below erred in refusing a motion by appellant for a directed verdict. Appellant contends that there is no proof of a breach of the contract made with respondent and no evidence showing the cause of the damage complained of.
Appellant, a South Carolina corporation, has operated a frozen food locker plant at Greenville, South Carolina, since 1940. During July, 1945, respondent became interested in constructing a similar plant at Belton, South Carolina. He had never had any experience in this business and, in fact, had never been in a frozen food locker plant. Shortly thereafter he met and discussed the matter with Mr. C. M. Snelling, Jr., President of the appellant corporation. On October 29, 1945, these parties entered into a contract wherein appellant, in consideration of the payment by respondent of a commission of 22 1/2% of the cost of the equipment and insulation, agreed (1) to furnish the design of the layout of a frozen food locker plant to be constructed by respondent at Belton, S. C., together with blueprints of such design, (2) to fully advise respondent and offer suggestions deemed desirable as to the structure and the materials necessary to adequately serve the needs of the plant, (3) to furnish and install in accordance with good practice necessary controls and equipment, including insulation required for successful operation, (4) to purchase all equipment at the best possible price and to allow respondent the benefit of all discounts, and (5) if desired, to instruct in its Greenville plant any employees of respondent so as to familiarize such employees with the operation of a frozen food locker plant. The costs of the building, insulation and equipment were to be paid by respondent. There are other stipulations contained in this contract but they need not be reviewed since they are not germane to the controversy.
It is clear from an examination of the entire contract that the commissions to be paid appellant were primarily intended to compensate it for furnishing the skill and knowledge necessary for the proper construction and equipment of a frozen food locker plant. Appellant held itself out as specially qualified to perform work of this nature as shown by the following recitals in the contract:
'Whereas, Polar Pantries of Greenville, South Carolina, having designed, equipped and operated its own frozen-food locker plant since 1940 and also by reason of being dealer-distributor for Frigidaire locker plant equipment, is prepared to design, equip and operate locket plants in this vincinity and to instruct in the detailed operations of this business, and
'Whereas, the undersigned, Fred Hill, proposes to establish a locker plant at Belton, South Carolina, and desires to obtain the benefit and use of the experience acquired by Polar Pantries both in the design and operation of such plant * * *.'
Plans and specifications, calling for a building approximately 58 by 63 feet, including a locker room with space for 636 lockers, were duly prepared in accordance with appellant's design. On December 6, 1945, a contract for the construction of the building was awarded to Morris Construction Company of Greenville. The building, including the insulation, was completed about April, 1946. The equipment was installed in September. The total cost of the plant amounted to approximately $35,000. About October 1, 1946, the cooling process in the locker room was turned on. The temperature was first fixed above freezing and gradually reduced until it reached about zero. Three or four weeks later pin cracks appeared in the floor. At first not a great deal of significance was attached to these small cracks but they gradually grew larger and in about a year reached a point where they were approximately three inches in width. There was a bulge in the floor in some places as much as seven inches. Finally, the walls cracked. During the fall of 1948 it had become impossible to use the locker room and the lockers were then removed to a new room which respondent had constructed. Respondent made a claim against appellant for damages but appellant denied liability. Thereafter in April, 1949, this action was commenced.
It is alleged in the complaint that appellant breached the contract (1) by furnishing faulty, defective and unsuitable plans and specifications for the insulation of said plant and (2) by improperly supervising the work of insulation. Appellant interposed a general denial, alleged that respondent had failed to follow its drawings, blueprints and specifications, asserted that its authority was limited to giving advice and making suggestions which were frequently disregarded, and further alleged contributory negligence on the part of respondent in failing to comply with its written and oral specifications.
This controversy hinges largely upon the construction of the floor of the locker room. Although the actual construction was done by the Morris Construction Company, the plans and specifications were prepared by Mr. Snelling, who also directed and supervised the work. The following type of insulation was used in this floor: The ground was graded and four inches of stone placed on a clay bottom. The stone was then covered with what is termed 'vapor seal', consisting of tarred felt and asphalt, which was designed to keep out moisture from the ground. On top of this vapor seal there was placed fifteen inches of a mixture of concrete and vermiculite, a lightweight insulating material. About fourteen or fifteen gallons of water were used to each cubic foot of cement. This mixture dries very slowly. Electric heaters and coke burners were used in the drying process. Several weeks after the vermiculite mixture had been laid, Mr. Snelling and a representative of the vermiculite manufacturer made a test by drilling...
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