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NEARY v. POSNER

[No. 212, September Term, 1968.]

253 Md. 401 (1969)

252 A.2d 843

NEARY, ET UX. v. POSNER, ET AL.

Court of Appeals of Maryland.

Decided May 6, 1969.

Attorney(s) appearing for the Case

Paul M. Nussbaum, with whom were Herbert Levenstein and Reichelt, Nussbaum & Brown on the brief, for appellants.

William M. Canby, with whom were Miller, Miller & Canby on the brief, for Charles P. Posner et ux., part of appellees.

Herbert D. Morrison for Apex Exterminating Company another appellee.

No brief filed on behalf of Ted Lingo, Inc., another appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, McWILLIAMS, FINAN and SINGLEY, JJ.

FINAN, J., delivered the opinion of the Court.

Appellants, plaintiffs below, appeal a judgment directed at the close of the plaintiffs' case in favor of the defendant-appellees, in an action sounding both in contract and tort. The suit was for damages resulting from the alleged failure of the appellee, Apex Exterminating Company (Apex), to furnish an accurate report relating to termite infestation of a dwelling house sold to the appellants by the appellees, Charles...

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