Legal Opinion

Goldberg v. Feldman

Court of Appeals of Maryland

Decided June 25, 1908PublishedCited by 8 opinions

Appeal from the Circuit Court No. 2, of Baltimore City (Elliott, J.). The bill of complaint in this case was filed by Robert L. Feldman, the appellee, against Solomon Goldberg, the appellant, for the purpose of obtaining the specific execution of the following agreement: “This agreement, made this 23rd day of March, in the year 1906, between Solomon Goldberg, of the first part, and Robert L. Feldman, of the second part, both of the city of Baltimore, State of Maryland,…

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Appeal from the Circuit Court No. 2, of Baltimore City (Elliott, J.). The bill of complaint in this case was filed by Robert L. Feldman, the appellee, against Solomon Goldberg, the appellant, for the purpose of obtaining the specific execution of the following agreement: “This agreement, made this 23rd day of March, in the year 1906, between Solomon Goldberg, of the first part, and Robert L. Feldman, of the second part, both of the city of Baltimore, State of Maryland, Witnesseth, that said Goldberg hereby agrees to sell to said Feldman, and said Feldman agrees to purchase from said Goldberg,…

1Opinion of the CourtWorthington, J.

The substantial question in this case is whether Goldberg was justified, on. legal grounds, in refusing to execute the deed last presented to him for execution by Feldman, on May ist, 1906.

In considering this- question, we must bear in mind that it was stipulated in the contract of sale that the deed to be presented to Goldberg for execution, conveying the property to Feldman, should contain a certain covenant to the effect that no spirituous or malt liquors should be sold on the premises conveyed for a period of five years from the date of the agreement, and an additional covenant that…

2Cases cited5 opinions

  1. Baltimore & Ohio Railroad v. Brydon ex rel. DavisCourt of Appeals of Maryland · 1886
  2. Willson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1896
  3. Latrobe and Whistler v. WinansCourt of Appeals of Maryland · 1899
  4. Taylor v. WilliamsSupreme Court of Missouri · 1869
  5. Silsby Manuf'g Co. v. Town of ChicoUnited States Circuit Court · 1885

3Cited by8 opinions

  1. Ferris v. PolanskyCourt of Appeals of Maryland · 1948
  2. Louis K. Liggett Co. v. RoseCourt of Appeals of Maryland · 1927
  3. New Freedom Corp. v. BrownCourt of Appeals of Maryland · 1971
  4. Stamatiades v. Merit Music Service, Inc.Court of Appeals of Maryland · 1956
  5. First National Realty Corporation v. Warren-Ehret Company, Inc.Court of Appeals of Maryland · 1967

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