K & G Construction Co. v. Harris
Court of Appeals of Maryland
164 A.2d 451 (1960)
K&G Construction Co. (K & G) (plaintiff) was a contractor for a housing project construction project. Harris (defendant) was K&G’s excavation subcontractor, to be paid by K&G in installment payments. In the course of the project Harris caused the collapse of a wall of the building and other damage. K&G withheld the installment payment due because the damage had not been repaired or paid for, and Harris discontinued work. K&G sued Harris for the cost to repair the damage and for the additional cost of hiring another excavator to complete the work. K&G appealed judgment for Harris on the issue of the additional cost of hiring another excavator.
Rule of Law
Holding and Reasoning (Prescott, J.)
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