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LIBBY v. TRAKO BUILDERS

No. 13503.

243 F.2d 252 (1957)

William LIBBY, and Bernard Libby, t/a Libby Bros., Appellants, v. TRAKO BUILDERS, Inc., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 28, 1957.

Attorney(s) appearing for the Case

Mr. Frederick W. Grey Leslie, Washington, D. C., with whom Mr. H. Max Ammerman, Washington, D. C., was on the brief, for appellants.

Mr. Maurice Friedman, Washington, D. C., with whom Mr. Maxwell A. Ostrow, Washington, D. C., was on the brief, for appellee.

Before BAZELON, DANAHER and BURGER, Circuit Judges.

BURGER, Circuit Judge.

Appellants made a contract with Trako Builders, Inc., appellee, to sell 36 building lots on which Trako later erected dwellings. The contract provided that settlement was to be made "as soon as grading is finished." The contract further provided, "Streets and alleys [are] to be cut to grade and lots to be graded no more than 3 feet above these grades."

Pursuant to a prior contract with appellants a third party contractor was engaged...

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