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Q. Robert Chuckrow Construction Industry (Chuckrow) was employed as the general contractor to build a Kinney Shoe Store. Chuckrow employed Ralp Gough to perform the carpentry work on the store. The contract with Gough stipulated that he was to provide all labour, materials, tools, equipment, scaffolding and other items necessary to complete the carpentry work. Gough’s employees erected 38 trusses at the job site. The next day, 32 of the trusses fell off the building. The reason for the trusses having fallen was unexplained and evidence showed that it was not due to Chuckrow’s fault or a deficiency in the building plans. Chuchrow told Gough that he would pay him to reject that trusses and continue work. When the job was complete, Chuckrow paid Gough the original contract price but refused to pay him for the additional cost of rejecting the trusses. Gough sued Chuckrow for this expense.
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