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Contracts Keyed to Burton
K & G Construction Co. v. Harris
Citation:
223 Md. 305, 164 A.2d 451Facts
K & G Construction Company (hereinafter “K & G”) (plaintiff-appellant) was the general contractor of a housing subdivision project. K & G enlisted a subcontractor, Harris and Brooks (hereinafter “Harris”) (defendant), to do excavating and earth-moving work for the project pursuant to an installment contract. During the course of the work, one of Harris’ employees drove a bulldozer too close to a house, causing a wall to collapse and other damage to the house. The resulting damage amounted to $3,400. K & G refused to pay Harris following the bulldozer accident. Harris discontinued work on the project because of K & G’s refusal to pay. At the time, the value of the work completed by Harris for which he had not been paid was $1,484.50. If Harris had completed the work, he would have made a profit of $1,340. K & G later requested Harris to return and complete work on the project, but Harris refused to do so because of K & G’s previous nonpayment. It cost K & G $450 above the parties’ contract price to find another subcontractor to complete the uncompleted work in the project. K & G sued Harris.
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