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MURRAY v. FISHMAN CONSTR. CO.

[No. 155, September Term, 1965.]

241 Md. 538 (1966)

217 A.2d 357

MURRAY ET UX. v. FISHMAN CONSTRUCTION COMPANY, INC.

Court of Appeals of Maryland.

Motion to clarify opinion filed March 24, 1966.

Denied March 29, 1966.

Attorney(s) appearing for the Case

John P. Moore, with whom were Wheeler, Moore & Korpeck on the brief, for the appellants.

Martin J. Kirsch for the appellee.

The cause was argued before PRESCOTT, C.J., and HAMMOND, MARBURY, OPPENHEIMER and McWILLIAMS, JJ.

McWILLIAMS, J., delivered the opinion of the Court.

On 3 July 1963 the appellee (Fishman) agreed in writing (A.I.A. short form) to build for the appellants (Murray) a house, according to plans and specifications attached to the agreement (contract), and Murray agreed to pay therefor $25,400. On 27 November, Murray was advised by his bank, Suburban Trust Company, that the agreed disbursements to Fishman had been suspended because "the building * * * [was]

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