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MONTGOMERY COUNTY v. PHOENIX

[No. 346, September Term, 1962.]

232 Md. 58 (1963)

192 A.2d 111

MONTGOMERY COUNTY, MARYLAND ET AL. v. PHOENIX INSURANCE COMPANY

Court of Appeals of Maryland.

Motion for rehearing filed July 18, 1963.

Denied September 9, 1963.

Attorney(s) appearing for the Case

Douglas H. Moore, Jr., Deputy County Attorney for Montgomery County, with whom was Robert G. Tobin, Jr., County Attorney, on the brief, for Montgomery County, one of the appellants.

Joseph M. Mathias for the R. & G. Construction Company, Inc., the other appellant.

John P. Moore and John B. Cullen for the appellee.

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

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

In late 1956 Fred Way, a developer of real estate, gave a bond as principal, with Phoenix Insurance Company as surety, in the amount of $9,693.00 to Montgomery County, obligee, to meet a condition precedent for the issuance of a permit by the County for the building of a road in a subdivision owned by Way, known as West Olney Park. The right of way for the road had been dedicated and graded. One of the obligations of...

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