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PRYME CONSTRUCTION CORP. v. NICKOLSON

No. 3262.

193 A.2d 739 (1963)

PRYME CONSTRUCTION CORP., a District of Columbia corporation, Appellant, v. William F. NICKOLSON and Margaret V. Nickolson, Appellees.

District of Columbia Court of Appeals.

Decided September 17, 1963.

Attorney(s) appearing for the Case

H. Thomas Sisk, Jr., and M. Michael Cramer, Washington, D. C., for appellant.

C. Thomas McCally, Washington, D. C., with whom Clarence C. Keiser, Jr., Bethesda, Md., was on the brief, for appellees.

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

HOOD, Chief Judge.

Plaintiffs-appellees brought this action against defendant-appellant, alleging they had purchased a home from defendant under a contract containing a warranty of a dry basement for one year, and seeking damages for the breach of that warranty. Defendant filed an answer denying "each and every allegation" of the complaint. At pretrial defendant admitted execution of the contract, but denied breach of the warranty. At trial defendant, then represented...

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