Brewer v. Herbert
Court of Appeals of Maryland
Appeal from tbe Circuit Court for Washington County, as a Court of Equity. The bill in this case was filed by the appellee for an injunction to restrain proceedings at law, and for the specific performance of a contract.
Read the full summary
Appeal from tbe Circuit Court for Washington County, as a Court of Equity. The bill in this case was filed by the appellee for an injunction to restrain proceedings at law, and for the specific performance of a contract. The appellee was the owner of a dwelling house and half lot of ground situate in Hagerstown, and sold the same to the appellant, on the 9th of October, 1865, by their agreement in writing, as follows, to wit: “Articles of agreement made and concluded this 9th day of October, 1865, between F. Dorsey Herbert and John A. K. Brewer, both of Washington county and State of…
1Opinion of the CourtMjllee, J.
After the execution of the written contract for the sale of the house and lot, and before the day fixed for delivery of possession and payment of the first instalment of purchase money, the house was accidentally destroyed by fire, without fault of either party or of the tenant then in possession of the same. The vender had a fee simple title to the property, and at the proper time, under the contract, offered to deliver possession of the premises in the condition in which they then were. This the vendee refused to receive because of the destruction of the house by fire, and the main question…
2Cases cited4 opinions
- Terry v. . WheelerNew York Court of Appeals · 1862
- Smoot v. ReaCourt of Appeals of Maryland · 1863
- Wagner v. CohenCourt of Appeals of Maryland · 1847
- Franklin & Armfield v. LongCourt of Appeals of Maryland · 1836
3Cited by50 opinions
- Wm. Skinner & Sons' Ship-Building & Dry-Dock Co. v. HoughtonCourt of Appeals of Maryland · 1900
- The Glendale Corp. v. CrawfordCourt of Appeals of Maryland · 1983
- Lombard v. Chicago Sinai CongregationIllinois Supreme Court · 1872
- Sheehy v. ScottSupreme Court of Iowa · 1905
- Caltrider v. CaplesCourt of Appeals of Maryland · 1931
45 more not listed; retrieve them via the Exa API.