VELOTTA v. LEO PETRONZIO LANDSCAPING, INC.

No. 81-662.

69 Ohio St. 2d 376 (1982)

VELOTTA, APPELLANT, v. LEO PETRONZIO LANDSCAPING, INC., APPELLEE.

Supreme Court of Ohio.

Decided February 24, 1982.


Attorney(s) appearing for the Case

Mr. Irving Bell, for appellant.

Baker, Hackenberg, Haskell & Collins Co., L.P.A., and Mr. Richard L. Collins, Jr., for appellee.

Messrs. Benesch, Friedlander, Coplan & Aronoff and Ms. Mary B. Ballard, for Ohio Home Builders Assn.


KRUPANSKY, J.

This case requires an initial determination of whether an action by a vendee against the builder-vendor of a completed residence for failure to construct in a workmanlike manner using ordinary care sounds in tort or in contract.

We note at the outset this case presents no issues of contractual warranty, either express or implied. The parties stipulated there were no express warranties orally made, and the contract of sale does not set forth any...

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