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GENERAL CONSTRUCTION COMPANY v. HERING REALTY COMPANY

No. 8662.

312 F.2d 538 (1963)

GENERAL CONSTRUCTION COMPANY, Columbia, South Carolina, a corporation, Appellee and Cross-Appellant, v. HERING REALTY COMPANY, a corporation, as successor to Bennettsville Realty Company, Appellant and Cross-Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1963.

Attorney(s) appearing for the Case

J. Means McFadden, Columbia, S. C. (Robinson, McFadden & Moore, Columbia, S. C., on brief), for appellee and cross-appellant.

Philip C. Herr, Philadelphia, Pa., (S. S. Tison, Bennettsville, S. C., on brief), for appellant and cross-appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

SOPER, Circuit Judge.

The controversy in this case concerns the performance of a construction contract under which General Construction Company undertook to erect and to complete within 210 days a manufacturing plant for the Hering Realty Company for the basic price of $645,620. Disputes arose between the parties during the progress of the work, and they were not resolved when the building was finally turned over to the owner. The Realty Company claimed that in certain...

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