Behling v. Ruckstaetter

Deen, Presiding Judge.

Appellee Ruckstaetter contracted with appellant Behling, a builder, to construct a two-story log house according to custom plans drawn by Behling’s architect and based on a drawing of a log house supplied to Behling by Ruckstaetter. The specifications called for, inter alia, a roof with a pitch of 10/12 “plus or minus,” so as to allow for a certain amount of usable space on the second floor. Behling warned Ruckstaetter that it might be difficult to obtain timber of sufficient length to serve as rafters for a house of the specified size and with a roof pitch of…