Capital City Lumber Co. v. Ellerbrock

On May 20, 1959, Vincent J. Ellerbrock, as owner, and George E. Bobb, as contractor, signed a contract for the erection of a residence for Professor and Mrs. Ellerbrock on premises owned by the latter two on Patricia Drive, Upper Arlington, Franklin County, Ohio. The consideration for the erection of the residence was $39,000 with a completion time of four months, with a provision whereby “owner offers the contractor a premium of $500.00 for completion of all work by September 15, 1959.”

Although Mrs. Ellerbrock owned an undivided one-half interest in the land upon which the residence was to…