Stueber v. Arrowhead Farm Estates Ltd. Partnership

GILBERT, Chief Judge.

Although expressed differently by the appellants, the question posed to us is, where a contract for the sale of property provides an exclusive remedy upon breach, may a court, having found a default, nevertheless ignore that remedy and enter judgment for the errant party? We conclude that under the circumstances of this case the court is not permitted to rewrite the contract and thereby substitute its will for that of the contracting parties. Because the Circuit Court for Anne Arundel County did precisely that, we reverse its judgment and remand the matter to that court…