Maxwell v. Perry

CAMPBELL, Judge.

Plaintiff assigns as error the dismissal of his claim against the owner. Plaintiff asserts that the owner admitted that Perry was the contractor to build the house in question and that, by virtue of such a contract, the owner was obligated for any labor and material used in the house and procured by the contractor. This is an incorrect assumption. A contractor as such is not a general agent for the owner. The relationship between the owner and the contractor would depend upon what type of contract had been entered into. In the absence of any showing as to the type of contract…