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GENERAL BUILDERS v. MacARTHUR

[No. 223, September Term, 1961.]

228 Md. 320 (1962)

179 A.2d 868

GENERAL BUILDERS SUPPLY CO., INC. v. MacARTHUR

Court of Appeals of Maryland.

Decided April 16, 1962.

Attorney(s) appearing for the Case

Submitted on brief by Kardy & Brannan, William J. Brannan, Jr., and John K. Gearing, for appellant.

John P. Moore, with whom was William D. Paton on the brief, for appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, HORNEY and SYBERT, JJ.

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

In an action brought by an owner against the builder as principal and the surety on a performance bond for the construction of a dwelling, the Circuit Court for Montgomery County entered a judgment against the surety as well as the builder (though in varying amounts) and the surety appealed.

In October of 1959 Bruce M. MacArthur (the owner) entered into a memorandum agreement with the Construction and Development...

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