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MINMAR BUILDERS, INC. v. BELTWAY EXCAVATORS, INC.

No. 4209.

246 A.2d 784 (1968)

MINMAR BUILDERS, INC., a corporation, Appellant, v. BELTWAY EXCAVATORS, INC., a District of Columbia corporation, Appellee.

District of Columbia Court of Appeals.

Decided October 24, 1968.

Attorney(s) appearing for the Case

Herman M. Braude, Washington, D. C., with whom Marvin P. Sadur, Washington, D. C., was on the brief, for appellant. Francis J. Pelland, Washington, D. C., also entered an appearance for appellant.

Milton M. Burke, with whom Leonard Joseph Keilp, Washington, D. C., was on the brief, for appellee.

Before MYERS, KELLY and FICKLING, Associate Judges.

FICKLING, Associate Judge:

This is an appeal from a judgment of the trial court, sitting without a jury, awarding appellee $2,730.28—the balance of the contract price—and dismissing appellant's counterclaim.

Minmar Builders, Inc., appellant, entered into a contract with the District of Columbia Government for the construction of the West End Branch Library. Subsequently, appellant subcontracted excavation work to Beltway Excavators, Inc., appellee...

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