Rhorer v. Vickers

Plaintiff brought this action to foreclose a construction lien against defendant’s property. The trial court granted defendant’s motion for summary judgment. We reverse.

Defendant wanted to have his yard landscaped. He sought bids from several landscape contractors and was discouraged by how high the bids were. Defendant’s wife worked as a receptionist for a physician, Dr. Thomas. She suggested to defendant that plaintiff, who was employed as a handyman for Thomas, might be able to assist with the landscaping project. Plaintiffs affidavit states that his duties for Thomas included painting,…