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AETNA CASUALTY & SURETY CO. v. KEMP SMITH CO.

No. 3579.

208 A.2d 737 (1965)

AETNA CASUALTY & SURETY CO., Spencer, White & Prentis, Inc., a corporation, and George A. Fuller Co., Inc., Appellants, v. KEMP SMITH CO., Inc., Appellee.

District of Columbia Court of Appeals.

Decided April 12, 1965.

Attorney(s) appearing for the Case

Edgar A. B. Spencer, New York City, pro hac vice, by special leave of court, with whom Arthur C. Elgin and F. Granville Munson, Washington, D. C., were on the brief, for appellants.

Louis Ginberg, Washington, D. C., for appellee.

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

HOOD, Chief Judge.

In November 1960, appellant Spencer, White & Prentis, Inc. entered into a contract, hereafter "the foundation contract," with International Land Corporation which obligated appellant to perform certain foundation work in connection with the construction of an office building. Thereafter, Spencer, White & Prentis engaged W. H. Nicholson Associates, Inc. to undertake excavation work pertinent to the foundation construction, and Nicholson,...

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