Continental Construction Co. v. Thos. F. Scollan Co.

Appellants, who are general contractors, brought this action to recover for property damage caused by fire at a construction site. Respondent was one of *387 several subcontractors named defendants. Respondent was granted a summary judgment and appellants appeal.

According to the complaint the Continental-Heller Construction Company, a joint venture, was the general contractor for the construction of the Weinstoek-Lubin store located at El Camino and Watt Avenue in Sacramento. On September 22, 1960, a fire occurred which damaged appellants in the amount of $4,620.24. The complaint alleges that the fire was caused by the negligence of Jack H. Broughton, a welder, and various Does; and that at the time of such negligent acts Broughton and the various Does were employed by each of the several named subcontractors, including respondent. Respondent answered denying that Broughton was an employee and denying that any of its employees were negligent.

At the pretrial conference the court resolved the contentions of the parties and the issues of the case. Because the pretrial conference order becomes the key to the solution of the questions involved, the pertinent portions thereof are…