Milton Inn, Inc. v. Spiva

Stolz, Judge.

Plaintiff Spiva brought an action against defendant Milton Inn, Inc., to recover for services rendered under alleged construction contracts. With reference to the contracts, the complaint alleged merely that the parties "entered into contracts..etc. It is recited in the pre-trial order that "Mr. Spiva brings this suit on the theory of an implied contract allegeding [sic] that he rendered certain services to Milton Inn which created an implied obligation to pay. Milton Inn on the other hand contends that Mr. Spiva was an employee of the general contractor and not an employee of…