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LULAY v. EARLE

564 P.2d 1045 (1977)

278 Or. 511

Adrian LULAY, Plaintiff, v. Don EARLE, Defendant and Third Party Plaintiff-Appellant, v. Martin Wolfer, Dba Martin Wolfer Painting Service, and Bob Reams, Dba B & J Painting Service, Third Party Defendants-Respondents.

Supreme Court of Oregon, Department No. 1.

Decided May 31, 1977.

Attorney(s) appearing for the Case

Ray W. Shaw of Webb & Shaw, Salem, argued the cause and filed a brief for appellant.

John L. Hemann of Garrett, Seideman & Hemann, Salem, argued the cause and filed a brief for third party defendant/respondent Reams.

Bruce H. Grim of Douglas, Grim, Fender & Carson, Salem, argued the cause and filed a brief for third party defendant/respondent Martin Wolfer.

Before DENECKE, C.J., and HOLMAN, LENT and DAVIS, JJ.

LENT, Justice.

Plaintiff brought an action for recovery of money damages from Earle, who had recently constructed a residence for the plaintiff. Plaintiff claimed that defendant had improperly painted the home and should be liable for the cost of necessary repairs. Earle impleaded Wolfer and Reams, the painters who had performed the work. ORS 16.315(4). In the third party complaint Earle contended that the performance of Wolfer and Reams was unsatisfactory and done...

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