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MURRAY v. BLDRS., INC.

No. CA 613.

53 Ohio App. 2d 1 (1977)

MURRAY, APPELLEE, v. MARBRO BUILDERS, INC., APPELLANT.

Court of Appeals of Ohio, Clermont County.

Decided July 13, 1977.

Attorney(s) appearing for the Case

Mr. Lawrence W. Carlier and Mr. John D. Erhardt, for appellee.

Messrs. Lindhorst, Dreidame, Mr. James L. O'Connell and Mr. Albert Wettstein, for appellant.

PALMER, J.

In March 1973, plaintiff-appellee Carl Murray, a plumbing contractor, contracted with defendant-appellant Marbro Builders, Inc. (Marbro), to install all sewer systems, water lines and concrete curbing in a subdivision being developed by Marbro for an agreed price of $150,265.38. The contract recited that time was of the essence in the performance of the contract, and specified a completion date of November...

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