Smith v. Magruder

My colleagues have reached the correct conclusion in this appeal, but I believe the central issue requires some comments.

In this litigation, as well as Kinser Sheet Metal, Inc. v. Morse, et ux., Ky.App., 566 S.W.2d 179 (1978), the appellate courts were requested to interpret the 1974 enactment of KRS 376.010 and more particularly whether the owners of a single or double family dwelling should be required to pay subcontractors when they have already paid the contractor for those services and the latter has defaulted in his obligations.

For some undisclosed reason, the General Assembly,…