S. & W. Investment Co. v. Otis W. Sharp & Son, Inc.

The majority opinion substantially and correctly outlines the nature and the issues involved in this case.

The swimming pool was rectangular in shape, measuring 18 by 42 feet, extending 3 to 5 feet below the surface, 8-inch walls and 6-inch bottom slab, for a total contract price of $4,725.00, payable in two installments, called “progress payments,” $3,000.00 upon completion of the shell, and the remainder upon completion of the pool.

The Owner contends the “floating” of the shell was due to the negligence of the Contractor in failing to keep the shell filled with water, the only safe means of…