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SHAPIRO ENG. CORP. v. DAY CO.

[No. 125, September Term, 1957.]

215 Md. 373 (1958)

137 A.2d 695

SHAPIRO ENGINEERING CORPORATION v. FRANCIS O. DAY CO., INC.

Court of Appeals of Maryland.

Decided January 22, 1958.

Attorney(s) appearing for the Case

Sheldon E. Bernstein, with whom were Jackson Brodsky, David G. Bress and Mark B. Sandground on the brief, for the appellant.

James R. Miller, with whom were Lee C. Miller and James R. Miller, Jr., on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

HENDERSON, J., delivered the opinion of the Court.

This appeal in a non-jury case is from a judgment for $12,412.23, in an action for breach of a written contract, dated December 2, 1954, whereby the appellee, plaintiff, agreed to construct storm sewers in Oakwood Knolls Subdivision, Bethesda, Maryland, and the appellant, defendant, to pay therefor an aggregate price of $43,000.00 The subdivision was laid out in two sections. Lots had been sold and some houses were...

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