Agway, Inc. v. Marotti

This is a building contract case. Defendant Joseph Marotti appeals from a judgment entered below finding him lia ble for the cost of certain materials sold by plaintiff, Agway, Inc., to defendant Housing Research & Building, Inc. (Housing) and used by Housing to build a house for defendant Joseph Marotti and his wife Annette Marotti. Agway, Inc. cross-appeals alleging the failure to award judgment against Annette Marotti was error. We affirm as to both appeals.

Defendants Joseph and Annette Marotti purchased from defendant, Housing, a building lot in Milton, Vermont. On the same day, they…