Lulay v. Earle

Plaintiff brought an action for recovery of money damages from Earle, who had recently constructed a residence for the plaintiff. Plaintiff claimed that defendant had improperly painted the home and should be liable for the cost of necessary repairs. Earle impleaded Wolfer and Reams, the painters who had performed the work. ORS 16.315(4). In the third party complaint Earle contended that the performance of Wolfer and Reams was unsatisfactory and done in an unworkmanlike manner and that these third party defendants were liable to him for all or part of the claims asserted by plaintiff.

After…