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OVERBY v. BARNETT

No. 4900.

262 A.2d 604 (1970)

Robert L. OVERBY and Frances H. Overby, Appellants, v. George P. BARNETT, Appellee.

District of Columbia Court of Appeals.

Decided March 6, 1970.

Attorney(s) appearing for the Case

Michael A. Schuchat, Washington, D.C., with whom Henry E. Nichols, Washington, D.C., was on the brief, for appellants.

Marvin Michael Klein, Washington, D.C., with whom Leon M. Shinberg, Washington, D.C., was on the brief, for appellee.

Before HOOD, Chief Judge, and FICKLING and NEBEKER, Associate Judges.

NEBEKER, Associate Judge.

This breach of contract action was dismissed, sua sponte, by the trial court on the third day of trial.1 The action arose from a dispute over the adequacy of performance of a contract for construction of a residence in the District of Columbia. The builder-appellee filed the complaint asserting incomplete payment by the owners-appellants. The owners filed an answer and counterclaim asserting improper construction...

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