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Contracts Keyed to Dawson
K & G Const. Co. v. Harris
Citation:
223 Md. 305, 164 A.2d 451.Facts
Plaintiff contracted with defendant to perform excavation work on a project. Pursuant to the contract, defendant agreed perform work in a “workmanlike manner” and plaintiff agreed to make monthly payments to the defendant for work performed. The contract also provided the plaintiff with remedies in the event of loss, delay, or damage caused by defendant. Work began under the contract in July 1958, and on August 9, 1958 the defendant’s bulldozer operator drove too close to plaintiff’s house causing a wall to collapse and damages of $3,400. Defendant and its insurer denied liability. Plaintiff then refused to make payments for work performed in July and August and on September 12 the defendant abandoned the job. Plaintiff paid an additional $450 to another excavator to complete the work.
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