Hunter v. Quality Homes, Inc.

Carey, Judge.

I am unable to discover any proper basis, either in contract or in tort, to support a claim against Quality Homes, Inc., nor has any been suggested. It is not alleged that Quality Homes, Inc., knew of the defective installation or practiced any fraud or concealment upon the Hunters. It could not be contended that the rule of respondeat superior applies, since Mitchell is expressly described as an independent contractor in the complaint. No express or implied warranty is relied upon or even asserted. There is nothing to indicate that any contractual relationship existed between…