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CUMMINGS v. JACK HURWITZ, INC.

No. 3522.

204 A.2d 332 (1964)

James CUMMINGS and Madia Cummings, Appellants, v. JACK HURWITZ, INC., a corporation, Appellee.

District of Columbia Court of Appeals.

Decided November 2, 1964.

Attorney(s) appearing for the Case

Frederick H. Livingstone, Washington, D. C., for appellants.

Richard W. Barnes, Rockville, Md., for appellee.

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

HOOD, Chief Judge.

Early in the year 1962 Mr. and Mrs. Cummings conferred with appellee regarding draperies and wall-to-wall carpeting for their apartment.1 It was finally agreed that appellee would furnish custom-made carpeting of a particular color not available in regular carpeting at a cost of $2,327.50. The carpet was laid in June 1962 and final payment thereon was made on July 2d. A week or two thereafter Mrs. Cummings noticed marks...

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