Horner v. Pleasants
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. This suit was brought to enforce the specific performance of a written contract entered into between Albert 17. Horner and J. Hall Pleasants for the sale to the latter by the former of all of his interest and estate in and to a warehouse and lot in the City of Baltimore, together with a wharf fronting twenty-five feet thereon.
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Appeal from the Circuit Court of Baltimore City. This suit was brought to enforce the specific performance of a written contract entered into between Albert 17. Horner and J. Hall Pleasants for the sale to the latter by the former of all of his interest and estate in and to a warehouse and lot in the City of Baltimore, together with a wharf fronting twenty-five feet thereon. A pro forma decree was passed by agreement of counsel dismissing the bill of complaint without prejudice. From this decree the complainant appealed. The case is further stated in the opinion of the Court.
1Opinion of the CourtStone, J.
The plaintiff below, Horner, agreed in writing to sell to Pleasants, the defendant, his interest, being two undivided thirds in a warehouse and lot, No. 80 Light street, Baltimore, “together with a wharf fronting twenty-five feet in front of said property” for a certain sum, to be paid in cash as soon as the title could be examined and approved. The agreement goes on to say, “the said property is in fee subject to the life estate of James W. Barroll.”
The defendant upon examination was dissatisfied with the plaintiff's title to the wharf, and refused to perform his agreement upon the ground…
2Cases cited3 opinions
- Baltimore & Ohio Railroad v. ChaseCourt of Appeals of Maryland · 1875
- Page v. Mayor of BaltimoreCourt of Appeals of Maryland · 1871
- Hazlehurst v. Mayor of BaltimoreCourt of Appeals of Maryland · 1872
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- United States Ex Rel. Greathouse v. DernSupreme Court of the United States · 1933
- Harbor Island Marina v. BOARD OF CTY. COMMISSIONERS OF CALVERT CTY.Court of Appeals of Maryland · 1979
- Mayor of Baltimore v. Canton Co.Court of Appeals of Maryland · 1946
- Cahill v. Mayor of BaltimoreCourt of Appeals of Maryland · 1938
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