Mayor and Council of Rockville v. Brookeville Turnpike Construction Company, Inc.

*120Hammond, C. J.,

delivered the majority opinion of the Court. Barnes and Marbury, JJ., dissent. Dissenting opinion by Barnes, J., at page 135, infra.

This, case has spawned some red herrings which the parties and the Chancellor have dropped across an essentially simple trail of fact and controlling law.

The City of Rockville sought below to enforce specifically a written contract dated January 1962 between the City and an owner who was trying to transform raw land mostly within, but partly without, the City limits into over four hundred apartment units. The City agreed “to- act, insofar as it is…