Hunt v. Ellisor & Tanner, Inc.

WHITHAM, Justice.

The issues in the present case center on the architect’s obligation under his contract with the owner to observe the progress of the work and to endeavor to guard the owner against defects in the work. The owner-appellants, W.H. Hunt and A.P. Stephens, doing business as Hunt-Stephens Investments, a partnership, appeal from a judgment on the jury’s verdict in favor of the architect-appellee, Ellisor & Tanner, Inc. We conclude that the contract does not exculpate Ellisor & Tanner from liability. We conclude further that the trial court erred in asking the jury to compare the…