Legal Opinion

Maryland Clay Co. v. Simpers

Court of Appeals of Maryland

Decided November 20, 1902PublishedCited by 6 opinions

Appeal from a decree of the Circuit Court for Cecil County (Pearce, C. J., Martin and Brown, JJ.) The only agreement the appellant ever made with Simpers and Russell was the one which provided for the purchase of the property at and for sixteen hundred dollars ($1,600.) This agreement was fully performed.

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Appeal from a decree of the Circuit Court for Cecil County (Pearce, C. J., Martin and Brown, JJ.) The only agreement the appellant ever made with Simpers and Russell was the one which provided for the purchase of the property at and for sixteen hundred dollars ($1,600.) This agreement was fully performed. The record discloses also that the only agreement that was not performed was the private agreement of the appellant with Simpers, which provided' for the payment to Simpers of twenty-nine hundred dollars {$2,goo) as an additional consideration for his interest. There is no other agreement…

1Opinion of the CourtMcSherry, C. J.

• .This is an appeal from the equity side of the Circuit Court for Cecil County. The bill of complaint was filed by the vendors of real estate to compel the vendee to specifically perform the contract by paying the balance due on the purchase price and by accepting a deed for the land. The questions raised are, first, whether the contract set up in the bill and proved by the evidence was fair and bona fide and founded on a valuable consideration, and, secondly, whether a Court of equity has jurisdiction to decree, at the suit of the vendor, the specific performance of a contract for the sale…

2Cases cited6 opinions

  1. Smoot v. ReaCourt of Appeals of Maryland · 1863
  2. Geiger v. GreenCourt of Appeals of Maryland · 1846
  3. Popplein v. FoleyCourt of Appeals of Maryland · 1884
  4. Canton Co. v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1894
  5. Willson v. BlountCourt of Appeals of Maryland · 1901

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3Cited by6 opinions

  1. McKeever v. Washington Heights Realty Corp.Court of Appeals of Maryland · 1944
  2. Lawson v. MullinixCourt of Appeals of Maryland · 1906
  3. Archway Motors, Inc. v. HermanCourt of Special Appeals of Maryland · 1977
  4. Kahn v. OrensteinCourt of Chancery of Delaware · 1921
  5. Miller v. United States Naval InstituteCourt of Special Appeals of Maryland · 1980

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