[Download] "Singer v. Steven Kokes Inc." by September Term, 1977 Court of Special Appeals of Maryland No. 707 # eBook PDF Kindle ePub Free
eBook details
- Title: Singer v. Steven Kokes Inc.
- Author : September Term, 1977 Court of Special Appeals of Maryland No. 707
- Release Date : January 12, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In October of 1973, the appellants, Sheldon J. Singer and his wife, Irene, (the Singers) contracted with the appellee, Steven Kokes, Inc. (Kokes) to construct a house in Potomac, Maryland.1 Dissatisfied after the house was completed, the Singers instituted this suit in the Circuit Court for Montgomery County claiming Kokes failed to construct the house within the time specified, and the construction was defective. The declaration consisted of one count based on breach of warranty and another based on negligence. Kokes responded to the declaration by filing a general issue plea and a motion for summary judgment on the grounds that the action was barred by res judicata. Judge Ralph G. Shure granted the motion and the Singers appeal arguing: (1) res judicata was inapplicable because the prior suit involved a different cause of action, (2) the defects that constitute the basis of the present suit were unknown at the time of the prior action, and (3) the trial judge erred in awarding attorney's fees to Kokes under Md. Rule 604.2
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