Legal Opinion
Gannon & Son, Inc. v. Emerson
Court of Appeals of Maryland
Decided October 13, 1981No. [No. 147, September Term, 1980.]PublishedCited by 15 opinions
1Opinion of the CourtRodowsky, J.
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. Supp.), Art. 56, §§ 245-269A (the Act). The contract is oral, in violation of § 265(b). Payment of part of the price has been received by the contractor "prior to the signing of a home-improvement contract,” in violation of § 261…
2Cases cited6 opinions
- Kirkwood v. Provident Savings BankCourt of Appeals of Maryland · 1954
- Harry Berenter, Inc. v. BermanCourt of Appeals of Maryland · 1970
- Lester v. Howard BankCourt of Appeals of Maryland · 1871
- Department of Natural Resources v. FranceCourt of Appeals of Maryland · 1976
- Mayor of Baltimore v. Clerk of the Superior CourtCourt of Appeals of Maryland · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McGraw v. Loyola Ford, Inc.Court of Special Appeals of Maryland · 1999
- State v. HarrisCourt of Appeals of Maryland · 1992
- Springlake Corp. v. Symmarron Ltd. PartnershipCourt of Special Appeals of Maryland · 1990
- DeReggi Construction Co. v. MateCourt of Special Appeals of Maryland · 2000
- McGinley v. MasseyCourt of Special Appeals of Maryland · 1987
10 more not listed; retrieve them via the Exa API.