Velotta v. Leo Petronzio Landscaping, Inc.

This case requires an initial determination of whether an action by a vendee against the builder-vendor of a completed residence for failure to' construct in a workmanlike manner using ordinary care sounds in tort or in contract.

We note at the outset this case presents no issues of contractual warranty, either express or implied. The parties stipulated there were no express warranties orally made, and the contract of sale does not set forth any express warranties. Pursuant to our holding in Mitchem v. Johnson (1966), 7 Ohio St. 2d 66, there can be no cause of action arising out of any implied…