Toney Builders, Inc. v. Huddleston

THOMAS, Justice.

Toney Builders, Inc., was engaged in the business of constructing “shell homes” for land owners. Under its method of operation the corporation would contract with the owner for the construction of a given home then enter into a contract with a carpenter to do the actual building. The corporation would supply all materials and specifications while the carpenter would furnish all labor. Upon completion of the work the corporation would pay the carpenter for the labor outlay and he, after retaining $25, “off the top” would share the remainder equally with his helper.

Whenever…