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BAYLOR v. BORTOLUSSI

No. 3323.

194 A.2d 653 (1963)

William E. BAYLOR, Robert E. Parker, James W. McAbee, et al., Owners and Trustees of Mount Joy Baptist Church, Appellants, v. Hugo BORTOLUSSI, t/a Washington Heating and Plumbing Co., Appellee.

District of Columbia Court of Appeals.

Decided November 4, 1963.

Attorney(s) appearing for the Case

George H. Windsor, Washington, D. C., with whom George E. C. Hayes, Washington, D. C., was on the brief, for appellants.

Ernest C. Raskauskas, Washington, D. C., for appellee.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.

MYERS, Associate Judge.

This is an appeal from a judgment for appellee upon his complaint to recover a balance on a contract to complete the installation of plumbing and heating equipment and from the refusal of the trial court to allow appellants (trustees) to assert a defensive counterclaim in the nature of recoupment.

The record discloses that in 1958, appellants, as owners and trustees of the Mount Joy Baptist Church, contracted with Areawide Building...

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