Dulany v. Rogers
Court of Appeals of Maryland
Cross-Appeals from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. In the absence of fraud, unless both parties labored under a mistake, and have done what neither party intended, relief cannot he given. Kerr on Injunctions, 55 ; Groff vs. Rohrer, 35 Md., 333 ; 1 Story Eq., sec. 151; Gillespie vs. Moore, 2 Johns.
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Cross-Appeals from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. In the absence of fraud, unless both parties labored under a mistake, and have done what neither party intended, relief cannot he given. Kerr on Injunctions, 55 ; Groff vs. Rohrer, 35 Md., 333 ; 1 Story Eq., sec. 151; Gillespie vs. Moore, 2 Johns. Ch., 595 ; Townsend vs. Stangroom, 6 Ves., 333. It may he argued, however, on the other side, that notwithstanding there was nothing equivocal or obscure in the writing, and notwithstanding the complainant is chargeable with knowledge of the words…
1Opinion of the CourtRobinson, J.
In February, 1870, a written agreement was executed between H. W. Rogers, the complainant, and Olivia W. Dulany and Walter Dulany, whereby Mrs. Dulany was to convey to Rogers a tract of land containing 300 acres, valued at six thousand dollars, as an inducement to take her son Walter into partnership with him in the real estate brokerage business.
The following is the clause out of which this controversy has arisen:
“In case the said Walter Dulany shall elect to determine the said partnership, or in case by death of either party, the same should he dissolved, then the said Henry W. Rogers, is…
2Cited by26 opinions
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- Maryland Port Administration v. John W. Brawner Contracting Co.Court of Appeals of Maryland · 1985
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