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JAMES JULIAN, INC. v. STATE HWY. ADMIN.

No. 946, September Term, 1984.

63 Md. App. 74 (1985)

492 A.2d 308

JAMES JULIAN, INC. v. STATE HIGHWAY ADMINISTRATION, ET AL.

Court of Special Appeals of Maryland.

May 10, 1985.

Attorney(s) appearing for the Case

Scott A. Livingston, Washington, D.C. (Andrew F. Dempsey, Jr., Washington, D.C., on the brief), for appellant.

Andrea D. Johnson, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Robert B. Harrison, III and Nolan H. Rogers, Asst. Attys. Gen., Baltimore, on the brief), for appellee State Highway Admin.

Otho M. Thompson, Associate Sol. for Baltimore City, Baltimore (Benjamin L. Brown, City Sol. for Baltimore City, Baltimore, on the brief), for appellee Mayor and City Council of Baltimore.

Argued before MOYLAN and ALPERT, JJ., and JOSEPH I. PINES, Associate Judge of the Eighth Judicial Circuit, specially assigned.

ALPERT, Judge.

It is axiomatic that, within reasonable limits, parties to a contract may mutually select their remedies for breaches or differences arising out of the performance of the contract. In this appeal, we must decide whether the choice of words used by sophisticated parties in selecting the remedies precluded the parties from litigation before exhausting the procedures provided in the contract. The sophisticated parties are James Julian, Inc., appellant...

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