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REMEIKIS v. BOSS & PHELPS, INC.

No. 79-361.

419 A.2d 986 (1980)

Albert A. and Mary Grace REMEIKIS, Appellants, v. BOSS & PHELPS, INC. and Western Exterminating Company, Inc., Appellees.

District of Columbia Court of Appeals.

Decided August 28, 1980.

Attorney(s) appearing for the Case

Daniel E. Schultz, Washington, D. C., with whom Melinda Gray Murray, Washington, D. C., was on the briefs, for appellants.

Joseph F. Cunningham, Washington, D. C., for appellee, Boss & Phelps, Inc.

Michael Evan Jaffe, Washington, D. C., with whom George R. Kucik, Howard V. Sinclair and Kathleen A. Morse, Washington, D. C., were on the brief. Anita Barondes, Washington, D. C., also entered an appearance, for appellee, Western Exterminating Co., Inc.

Before GALLAGHER, MACK and PRYOR, Associate Judges.

GALLAGHER, Associate Judge:

Appellants bought a house which, they discovered after closing, had extensive termite damage. They sued (a) the seller, Mrs. Herman, for breach of contract and fraud, and (b) the real estate agent, Boss & Phelps, and termite inspection company, Western, for negligence and fraud. Mrs. Herman settled the breach-of-contract and fraud claims against her by tendering $10,000. Later, during trial, she died and the cross claims against her...

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