Gilbert v. E & W Construction Co.

Banke, Chief Judge.

The appellant, Robert Gilbert, sued the appellee, E & W Construction Company, Inc., to recover damages for the latter’s alleged negligence in laying part of the foundation of Gilbert’s home on property belonging to his neighbors. Named in the complaint as a co-plaintiff was one G. W. Johnson, whom Gilbert has since characterized as his general contractor for the construction of the home, but whom the complaint characterized as having acted jointly with Gilbert in contracting with the appellee for the laying of the foundation.

The appellee denied liability and counterclaimed…