Horning v. Gore

OPINION OF THE COURT

Casey, J.

In April, 1979, plaintiff contractor and his crew of workmen commenced the erection of a single-family dwelling for defendants, on land that plaintiff had sold to them. This construction was undertaken pursuant to a contract entered into between the parties, which required plaintiff to perform “in a good, workmanlike and substantial manner” and to “provide good, proper and sufficient materials and labor, [and] scaffolding * * * necessary for the * * * construction” (emphasis added). Defendants exercised no control or supervision over the work site.

On July 9, 1979,…