POTTERTON v. RYLAND GROUP, INC.

[No. 44, September Term, 1979.]

289 Md. 371 (1981)

424 A.2d 761

RICHARD LEE POTTERTON ET UX. v. THE RYLAND GROUP, INC.

Court of Appeals of Maryland.

Motion for reconsideration filed February 19, 1981.

Denied March 2, 1981.


Attorney(s) appearing for the Case

Argued and reargued by Malcolm B. Kane for appellants.

Argued and reargued by Timothy E. Welsh for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH, COLE and DAVIDSON, JJ., and reargued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.


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

On 3 January 1973, the petitioners, Richard Lee and Mary G. Potterton (buyers), entered into a contract with the respondent, the Ryland Group, Inc. (seller), to purchase a house to be built by the seller. The contract expressly provided that the seller would construct the house "in a workmanlike manner substantially in accordance with plans and specifications." Settlement took place on 26 December 1973.

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