Legal Opinion

West Boundary Real Estate Co. v. Bayless

Court of Appeals of Maryland

Decided February 28, 1895PublishedCited by 8 opinions

Appeal from a decree of the Circuit Court of Baltimore City (Dennis, J.), sustaining a demurrer to the bill of complaint and dismissing the same without prejudice to the right of the plaintiff to proceed at law.

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Appeal from a decree of the Circuit Court of Baltimore City (Dennis, J.), sustaining a demurrer to the bill of complaint and dismissing the same without prejudice to the right of the plaintiff to proceed at law. After negotiations between the plaintiff corporation and the defendant, Bayless, for the sale by the former of the lot of ground referred to in this case, Mr. F. K. Carey, the president of the plaintiff, on June 16, 1893, wrote to Bayless as follows: “ I am instructed by the board of directors to accept your proposition for the sale of the lot on the west side of Thirteenth street,…

1Opinion of the CourtFowler, J.

We announced at the conclusion of the opening argument of the appellant’s counsel in this case that it was out opinion that the order sustaining the demurrer to the plaintiff’s bill should be affirmed, and some of the grounds on which that opinion was based were then briefly expressed by the Chief Justice. Counsel for appellant at once filed a motion for reargument, which is based upon the case of *504Busey v. McCurley, 61 Md. 436, which was not cited either in the briefs or oral argument, and he contends that by the decision in the case cited it has been in effect adjudicated:

“First. — That a…

2Cases cited4 opinions

  1. Bladen v. WellsCourt of Appeals of Maryland · 1869
  2. Busey v. McCurleyCourt of Appeals of Maryland · 1884
  3. Bryant v. WilsonCourt of Appeals of Maryland · 1889
  4. Linthicum v. ThomasCourt of Appeals of Maryland · 1883

3Cited by8 opinions

  1. Lawson v. MullinixCourt of Appeals of Maryland · 1906
  2. Levin v. CookCourt of Appeals of Maryland · 1946
  3. Canatella v. DavisCourt of Appeals of Maryland · 1972
  4. Buckner v. HessonCourt of Appeals of Maryland · 1930
  5. McClelland v. EhricSupreme Court of Oklahoma · 1916

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