Davis Sand and Gravel Corp. v. Buckler

Damages were assessed by the trial court against the appellant, and it appeals. Its contention is not that the amount of the award was improper, but that the court had no authority to make such an award.

This is the third trip to this Court for these parties and a brief chronology of events is necessary to answer appellant’s contentions.

The first case, Buckler v. Davis Sand and Gravel Corporation, 208 Md. 162 (1955), dealt with a bill in equity for foreclosure of a mortgage and for an injunction against the use of a right-of-way.

In January 1951 Charles Buckler and his wife sold a twenty-five…