CAYTON, Chief Judge.
Salyer contracted to build a house for Mr. and Mrs. Pinkham in Montgomery County, Maryland, for $34,400. He obtained an excavation permit, applied for a building permit, ordered certain materials and expended labor in clearing the land and other work preliminary to actual construction of the house. Soon afterwards it was reported that the type of soil on the lot was not suited for a septic tank, which was called for in the plans and specifications...
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