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DUCK v. QUALITY CUSTOM HOMES

[No. 361, September Term, 1965.]

242 Md. 609 (1966)

220 A.2d 143

DUCK, ET UX. v. QUALITY CUSTOM HOMES, INC.

Court of Appeals of Maryland.

Motion for rehearing filed and denied July 1, 1966.

Attorney(s) appearing for the Case

John T. Bell with whom were Charles W. Bell and Bell & Bell on the brief, for appellants.

James F. FitzGerald, with whom were Floyd Willis, III, and FitzGerald & Holmes on the brief, for appellee.

The cause was argued before HAMMOND, HORNEY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.

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

Quality Custom Homes, Inc. (Quality) filed an action in assumpsit based on the common counts against Robert E. Duck and Barbara D. Duck, his wife, (the Ducks). After Quality filed a bill of particulars, in response to the Ducks' demand, the Ducks filed a general issue plea. The case was heard by Judge Shure, sitting without a jury. At the close of Quality's evidence, the Ducks requested a directed verdict...

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