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KISHMARTON v. WILLIAM BAILEY CONSTR. INC.

Nos. 00-636 and 00-684.

93 Ohio St.3d 226 (2001)

KISHMARTON ET AL., APPELLEES, v. WILLIAM BAILEY CONSTRUCTION, INC., APPELLANT.

Supreme Court of Ohio.

Decided September 26, 2001.

Attorney(s) appearing for the Case

Mansour, Gavin, Gerlach & Manos Co., L.P.A., Thomas B. Bralliar, Jr. and Anthony J. Coyne, for appellees.

David J. Pasz, for appellant.

PFEIFER, J.

On July 24, 1991, appellees Donald and Mary Kishmarton entered into a contract with appellant William Bailey Construction, Inc. ("Bailey") for the construction of a residential home to be located in North Royalton, Ohio. The Kishmartons agreed to pay $213,000 (with change orders, $219,000) to Bailey and Bailey agreed to build the house in a "workmanlike manner."

The Kishmartons moved into the house in May 1992. The following winter...

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