Lee Turzillo Contracting Co. v. Frank Messer & Sons, Inc.

This is an appeal on questions of law from a judgment of the Court of Common Pleas, Hamilton County, Ohio.

On July 20, 1961, defendant-appellant, Frank Messer 6 Sons, Inc., and defendant-appellee, Cincinnati Metropolitan Housing Authority, entered into a contract whereby Messer was to construct a housing project in the city of Cincinnati based upon plans and specifications prepared by and on behalf of the housing authority.

The project required that piling be installed for part of the foundation, and Messer selected the Lee Turzillo Contracting Company to put in place ‘ ‘ augered hole piling”…