Shaw v. Petersen

Banke, Chief Judge.

The appellant constructed a house for the appellee developers pursuant to an oral contract, and the appellees later sold the property to one Irene Mazone. Construction was substantially completed in September of 1977. In December of 1983, Ms. Mazone discovered certain damage to the structure, which, she came to believe, had resulted from defective construction. In November of 1984, she filed suit against the appellees to recover for this damage. After some discovery had taken place, the appellees impleaded the appellant as a third-party defendant and thereafter settled with…