Gill v. Wells
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The hill of complaint in this case was filed hy the appellee against the appellant to enforce the specific performance of a contract of sale of a farm in Howard County. The defendant answered the hill; and instead of taking testimony under a commission, the case was submitted upon an agreed statement of facts. The Court (Dobbin, J.) passed a decree for the specific execution of the contract.
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Appeal from the Circuit Court of Baltimore City. The hill of complaint in this case was filed hy the appellee against the appellant to enforce the specific performance of a contract of sale of a farm in Howard County. The defendant answered the hill; and instead of taking testimony under a commission, the case was submitted upon an agreed statement of facts. The Court (Dobbin, J.) passed a decree for the specific execution of the contract. Erom this decree the respondent appealed. The case is further stated in the opinion of this Court.
1Opinion of the CourtMiller, J.
It is a principle, obviously just, in the law relating to the specific performance of contracts, that the vendee is entitled to have that for which he contracts, before he can be compelled to part with the consideration he agreed to pay. He is not hound to take an estate fettered with incumbrances by which he may he subjected to litigation to procure his title; and in a contract such as is sought to he enforced in this case, the vendee is not hound to accept *494anything short of an unincumbered legal estate in fee, the title to which is free from reasonable doubt. Buchanan vs. Lorman, 3 Gill,…
2Cases cited2 opinions
- Buchanan v. LormanCourt of Appeals of Maryland · 1845
- Owings v. BaldwinCourt of Appeals of Maryland · 1849
3Cited by40 opinions
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Jefferson v. JonesCourt of Appeals of Maryland · 1979
- Geithman v. EichlerIllinois Supreme Court · 1914
- Buchan v. German American Land Co.Supreme Court of Iowa · 1917
- Garner v. Union Trust Co.Court of Appeals of Maryland · 1945
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