Del E. Webb Corp. v. Structural Materials Co.

Plaintiff Del E. Webb Corporation (hereinafter referred to as Webb) appeals from a judgment of dismissal entered in favor of defendant Structural Materials Company (hereinafter referred to as SMC) following the sustaining of SMC’s general demurrers without leave to amend to plaintiffs second amended complaint, and from the summary judgment entered in favor of defendant and against plaintiff in the said action.

A brief summary of the controversy which culminated with the filing of the instant lawsuit is as follows: Webb entered into written agreement with the City of Fresno to act as general contractor of a construction project known as the municipal service center. Webb entered into a subcontract with defendant Joseph L. DeLancey (hereinafter referred to as DeLancey), a roofing subcontractor, for the performance by De-Lancey of the roofing and waterproofing work on the Fresno project. DeLancey defaulted in the performance of his subcontract agreement with Webb and, in particular, failed to furnish all of the materials which were required for the roofing and waterproofing portion of the project.

Defendant SMC was in the business of selling building materials and sold…