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GANNON & SON v. EMERSON

[No. 147, September Term, 1980.]

291 Md. 443 (1981)

435 A.2d 449

GANNON & SON, INC. v. MARGIE B. EMERSON

Court of Appeals of Maryland.

Decided October 13, 1981.

Attorney(s) appearing for the Case

J. Donald Braden for appellant.

David Weston Gregory, with whom were Downes & Gregory on the brief, for the appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

RODOWSKY, J., delivered the opinion of the Court. ELDRIDGE and DAVIDSON, JJ., dissent. DAVIDSON, J., filed a dissenting opinion at page 458 infra, in which ELDRIDGE, J., concurs.

This case involves a mechanic's lien claim based on a home improvement contract. One defense asserted is unenforceability of the contract due to illegality under the Maryland Home-Improvement Law, Md. Code (1957, 1979 Repl. Vol., 1981 Cum....

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