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McMILLAN v. BRUNE-HARPENAU-TORBECK BUILDERS, INC.

No. 82-1847.

8 Ohio St. 3d 3 (1983)

McMILLAN ET AL., APPELLANTS, v. BRUNE-HARPENAU-TORBECK BUILDERS, INC. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 23, 1983.

Attorney(s) appearing for the Case

Messrs. Cohen, Todd, Kite & Stanford, Mr. Thomas H. Bergman and Mr. Paul A. Nemann, for appellants.

Mr. Henry G. Berlon, for appellee Brune-Harpenau-Torbeck Builders, Inc.

Mr. David P. Faulkner and Mr. Timothy P. Heather, for appellee W. L. Harper Construction Company.

LOCHER, J.

The issue presented in this case is whether privity of contract is a necessary element of an action in negligence brought by a vendee of real property against the builder-vendor. In overruling Insurance Co. v. Bonnie Built Homes (1980), 64 Ohio St.2d 269 [18. O.O.3d 458], we hold today that privity of contract is not a necessary element of such an action.

In Mitchem v. Johnson<...

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