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REISTERSTOWN LUMBER v. TSAO

No. 99 September Term, 1989.

319 Md. 623 (1990)

574 A.2d 307

THE REISTERSTOWN LUMBER COMPANY v. IKY TSAO ET UX.

Court of Appeals of Maryland.

June 1, 1990.

Attorney(s) appearing for the Case

Thomas C. Beach, III (Mara E. Schechter, Whiteford, Taylor & Preston, all on brief) Baltimore, for appellant.

Michael G. Rinn (Ruppersberger, Clark & Mister, both on brief) Timonium, for appellees.

Argued before ELRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS, CHASANOW and CHARLES E. ORTH, Jr., Judge of the Court of Appeals of Maryland (retired), Specially Assigned, JJ.

RODOWSKY, Judge.

In this case the Court must decide whether the "residential exception" to the mechanics' lien law contained in Maryland Code (1974, 1988 Repl.Vol.), § 9-104 of the Real Property Article (RP), applies when homeowners contract to have a single family dwelling built on their land with the intent to make it their residence, but, during the course of construction, decide to place the house on the market for sale.1

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