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BAINUM v. McGRADY

No. 1681, 1682.

117 A.2d 462 (1955)

Stewart BAINUM, trading as Stewart Bainum Company, Appellant, v. Frank C. McGRADY, trading as F. C. McGrady Company, Appellee. Frank C. McGRADY, trading as F. C. McGrady Company, Appellant, v. Stewart BAINUM, trading as Stewart Bainum Company, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided November 4, 1955.

Attorney(s) appearing for the Case

Joseph Zitomer, Washington, D. C., for appellant cross-appellee Stewart Bainum.

Ralph L. Bailey, Washington, D. C., for appellee cross-appellant Frank C. McGrady.

Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.

CAYTON, Chief Judge.

Bainum was the contractor on a school building project and McGrady was his electrical subcontractor. Following a dispute between them the subcontractor left the job. The contractor later sued him for the difference between the amount of the subcontract and the actual cost of completing the work. The subcontractor defended on the ground that he had left the project because of plaintiff's breach and he demanded by way of counterclaim the value of...

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