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PHILLIPS v. ORLINS

159 S.E.2d 667 (1968)

208 Va. 615

Harvey E. PHILLIPS, t/a, etc. v. Sidney ORLINS et al.

Supreme Court of Appeals of Virginia.

Rehearing Denied April 22, 1968.

Attorney(s) appearing for the Case

Joseph Teck, Norfolk, (Goldblatt & Lipkin, Norfolk, on brief), for plaintiff in error.

Joseph E. Baker, Norfolk, for defendants in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.

I'ANSON, Justice.

Plaintiff, Harvey E. Phillips, instituted this action at law against Sidney Orlins and Pearl C. Orlins, defendants, to recover the sum of $29,000, the balance alleged to be due on a contract for the construction of a residence for the defendants. The motion for judgment alleged that the defendants entered into a contract with the plaintiff on November 1, 1963, to construct the dwelling house for the sum of $40,900; that during the course of construction...

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