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KRAMER BROS. CO. v. POWERS

77 S.E.2d 468 (1953)

195 Va. 131

KRAMER BROS. CO. v. POWERS.

Supreme Court of Appeals of Virginia.

Rehearing Denied October 15, 1953.

Attorney(s) appearing for the Case

Herbert & Bohannon, Norfolk, for plaintiff in error.

Garrett Baxter, Ivor A. Page, Jr., Norfolk, for defendant in error.

Before HUDGINS, C.J., and SPRATLEY, MILLER, SMITH and WHITTLE, JJ.

WHITTLE, Justice.

On December 1, 1950, C. B. Powers, a building contractor, entered into an agreement with W. H. Ferebee to construct a residence in the city of Norfolk at an agreed price of $19,437. Construction was begun on the job and the house had been partially completed when Powers died on February 16, 1951. At this time Ferebee had paid $10,500 on the contract price, leaving a balance due upon completion of $8,937, plus a small amount for extras.

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