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DELLA RATTA, INC. v. AMER. BETTER COMMUNITY DEV., INC.

No. 30, September Term, 1977.

38 Md. App. 119 (1977)

380 A.2d 627

DELLA RATTA, INC. v. AMERICAN BETTER COMMUNITY DEVELOPERS, INC.

Court of Special Appeals of Maryland.

Decided December 7, 1977.

Attorney(s) appearing for the Case

Roy Niedermayer, with whom was Joseph V. Gartlan, Jr., on the brief, for appellant — cross-appellee.

Douglas M. Bregman, with whom were John C. Joyce and Duckett, Orem, Christie & Beckett on the brief, for appellee — cross-appellant.

The cause was argued before MOYLAN, MENCHINE and DAVIDSON, JJ.

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

American Better Community Developers, Inc. (ABCD) and Della Ratta, Inc. (Della Ratta) executed a contract dated August 16, 1972, for the construction by Della Ratta of an eight-building, 50-unit garden apartment project in Reston, Virginia. On March 17, 1975, ABCD filed suit in the Circuit Court for Montgomery County against Della Ratta and Maryland Casualty Company, surety on the performance bond, alleging breach of...

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