Newark Trust Co. v. Talbot Bank

Boylan,

Chief Judge of the Fifth Judicial Circuit, specially assigned, filed the following dissenting opinion:

I cannot concur in the Court’s opinion and I feel the reasons for dissenting should be briefly stated.

I feel that in cases of specific performance it is only necessary to make those persons parties who were parties or privies to the contract. Miller, Equity Procedure, sec. 64; Crook v. Brown, 11 Md. 158; 81 C. J. S. sec. 118 (b). In the *149Crook case, the Court stated: “There is a rule, however, applicable here, about which there can be no dispute, and that is, that a person ought not to…