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SHERW'D DIS. CO. v. HEAT & PWR. CORP.

[No. 87, October Term, 1950.]

197 Md. 224 (1951)

78 A.2d 759

SHERWOOD DISTILLING COMPANY v. HEAT & POWER CORPORATION

Court of Appeals of Maryland.

Decided February 9, 1951.

Attorney(s) appearing for the Case

William Hoffenberg, with whom was L. Awalt Weller on the brief, for the appellant.

D. Eugene Walsh and Milton I. Vogelhut, with whom were Foster H. Fanseen and Charles O. Fisher on the brief, for the appellee.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

MARBURY, C.J., delivered the opinion of the Court.

This is a suit at law brought in the Circuit Court for Carroll County by the appellee against the appellant. The declaration contains two counts, one the common count for work done and materials provided, and the other a special count on an agreement to furnish and install a boiler and other equipment at the plant of the appellant, near Westminster, for the sum of $52,911, and a refusal to pay a balance due of $8...

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