Kay v. Gitomer

This is an appeal from a decree of the Circuit Court for Montgomery County sitting in equity, directing that the appellants, Albert J. Kay and Benjamin P. Eckles, convey to the appellee, Norman M. Gitomer, title to lot 5 in block H of R. Holt Easley’s subdivision of Silver Spring. The lower court granted specific performance upon a finding that title to the lot was held by Kay and Eckles as tenants in partnership and that a contract for the sale of the lot signed only by Kay was binding on the partnership. We cannot say that the court’s findings of fact were clearly erroneous or that it…