GLASSMAN CONSTRUCTION COMPANY, INC. v. BALTIMORE BRICK COMPANY

[No. 284, September Term, 1966.]

246 Md. 478 (1967)

229 A.2d 472

GLASSMAN CONSTRUCTION COMPANY, INC., ET AL. v. BALTIMORE BRICK COMPANY

Court of Appeals of Maryland.

Decided April 18, 1967.


Attorney(s) appearing for the Case

Joseph V. Gartlan, Jr., with whom was James J. Cromwell on the brief, for appellants.

Dewey B. Morris, with whom were Jesse Slingluff and Jerrold V. Powers on the brief, for appellee.

The cause was argued before HORNEY, MARBURY and McWILLIAMS, JJ., and CHILDS and MELVIN, JJ., Associate Judges of the Fifth Judicial Circuit, specially assigned.


CHILDS, J., by special assignment, delivered the opinion of the Court.

In this summary judgment action, the matter of double payment contends with that of windfall. Our task has been rendered somewhat less arduous through stipulation. The appellants, respectively, were the general contractor (Glassman) and Home Indemnity Co. (Home) as surety for the construction of an apartment project known as Plaza Towers East. Both executed a bond conditioned upon the payment of...

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