George B. Gilmore Co. v. Garrett

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• further holding that “[t]he usual case is that the obligor must use reasonable care in his performance of the contractual duty.”
• a builder has “a duty to build … in a manner reasonably commensurate with the then existing skill, knowledge and technology prevailing in the construction industry”
• “ ‘As a general rule, the builder is responsible for defects caused by defects in the soil,...’ Gilmore gave the Yateses no information as to yazoo clay, and made no allowance whatever in the foundation for yazoo clay just a few feet beneath the surface.”
• “‘As a general rule, the builder is responsible for defects caused by defects in the soil . . . .’ Gilmore gave the Yateses no information as to yazoo clay, and made no allowance whatever in the foundation for yazoo clay just a few feet beneath the surface.”
• A duty of a care may arise by operation “of the basic rule of the common law which imposes on every person engaged in the prosecution of any undertaking an obligation to use due care, or to so govern his actions as not to endanger the person or property of others.”

Source: CourtListener parenthetical corpus (CC0).