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AETNA CASUALTY AND SURETY CO. v. HARVEY W. HOTTEL, INC.

No. 15991.

289 F.2d 457 (1961)

AETNA CASUALTY AND SURETY COMPANY, Appellant v. HARVEY W. HOTTEL, INC., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 30, 1961.

Attorney(s) appearing for the Case

Mr. Justin L. Edgerton, Washington, D. C., with whom Messrs. Charles E. Pledger, Jr., John F. Mahoney, Jr., and R. Harrison Pledger, Jr., Washington, D. C., were on the brief, for appellant.

Mr. M. J. Cuff, Hyattsville, Md., for appellee.

Before WILBUR K. MILLER, Chief Judge, and EDGERTON and BAZELON, Circuit Judges.

EDGERTON, Circuit Judge.

Brandywine Corporation's complaint against Harvey W. Hottel, Inc., alleged that the defendant "installed" an air conditioning system in Brandywine Apartments; that the "system was subject to constant breakdown as a result of the negligent maintenance of said system by the defendant; major breakdowns occurring in June of 1954, August of 1954, June of 1955 and August of 1956"; that "In 1956 plaintiff paid defendant for the repairs necessitated...

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