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WHEATON LUMBER CO. v. METZ

[No. 295, September Term, 1961.]

229 Md. 78 (1962)

181 A.2d 666

WHEATON LUMBER COMPANY, INC. v. METZ ET AL.

Court of Appeals of Maryland.

Decided June 12, 1962.

Attorney(s) appearing for the Case

G. Richard Park, with whom were Miller & Miller on the brief, for the appellant.

No brief and no appearance for the appellees.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, HORNEY and MARBURY, JJ.

BRUNE, C.J., delivered the opinion of the Court.

The plaintiff, Wheaton Lumber Co., Inc. (Wheaton) appeals from a judgment in favor of the appellees, Metz and Mood and Best Construction Company, a corporation, who are three of the four defendants in this suit.

The suit was for the price of lumber and other building materials sold by Wheaton in June and July, 1959. It was filed in June, 1960, and as originally filed contained two counts. The first alleged that...

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