Lane Enterprises, Inc. v. L.B. Foster Co.

Foster (defendant) hired Lane (plaintiff) to coat steel bridge components in two orders; after Lane's first-order coating repeatedly failed state inspection (though the state ultimately allowed acceptance following field repairs at Lane's expense), Foster withheld a small portion of the first-order payment pending assurance Lane would still perform the second order, and Lane refused to commit to the second order until paid in full for the first. After exchanging demands for assurance twice without resolution, Foster hired another company for the second order and sued; the trial court found for Lane, and Foster appealed.