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E.J. SMITH CONSTR. CO. v. BURTON

[No. 341, September Term, 1970.]

262 Md. 62 (1971)

277 A.2d 84

E.J. SMITH CONSTRUCTION COMPANY, INC. v. WILLIAM G. BURTON T/A WILLIAM G. BURTON NURSERIES

Court of Appeals of Maryland.

Decided May 11, 1971.

Attorney(s) appearing for the Case

Submitted by William F. Hickey for appellant.

Submitted by Samuel Gordon, S. Michael Pincus and Gordon, Perlis & Pincus for appellee.

The cause was submitted on briefs to HAMMOND, C.J., and BARNES, McWILLIAMS, SINGLEY and SMITH, JJ.

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

Appellee, William G. Burton t/a William G. Burton Nurseries (Burton), sued appellant E.J. Smith Construction Company, Inc. (Smith) for sums said to be due for "services, labor and materials" rendered Smith on two different jobs. Smith counterclaimed, contending that Burton's services were rendered "in a negligent unworkmanlike and unacceptable manner". The case was tried without...

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