Durham v. McLamb

JOHNSON, Judge.

The evidence in this case shows that in December, 1979, defendant hired plaintiff, Bill Wood, Terry Batchelor, and Roy Russ to perform carpentry work, subflooring, and framing for approximately four houses built by defendant for rental purposes. Defendant hired plaintiff, Wood, Batchelor, and Russ as self-employed carpenters who provided their own tools. Plaintiff, although he never talked to defendant about it, assumed he was self-employed. However, despite plaintiffs assumption that he was self-employed, he never advertised his services as a carpenter and never hired anyone…