Legal Opinion

Livingston v. Green Properties, Inc.

Court of Appeals of Maryland

Decided June 7, 1960No. [No. 195, September Term, 1959.]PublishedCited by 13 opinions

1Opinion of the CourtHenderson, J.

This appeal is from a judgment for costs entered in favor of the appellee, after the court sustained a demurrer, without leave to amend, to a declaration claiming damages for breach of a contract to purchase real estate.

The contract of sale was filed with the declaration. The demurrer not only failed to challenge the plaintiffs’ right to file the contract, but relied upon its terms to set up its defense. Cf. Christian v. Johnson Construction Co., 161 Md. 87. The contract was executed on October 14, 1957, recited that in consideration of one dollar and the performance of the terms, covenants…

2Cases cited9 opinions

  1. McKeever v. Washington Heights Realty Corp.Court of Appeals of Maryland · 1944
  2. Black v. WoodrowCourt of Appeals of Maryland · 1874
  3. Vanadium Corp. v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Second Circuit · 1947
  4. Brewer v. HerbertCourt of Appeals of Maryland · 1869
  5. Griffith v. ScheungrabCourt of Appeals of Maryland · 1985

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Shoreham Developers, Inc. v. Randolph Hills, Inc.Court of Appeals of Maryland · 1967
  2. Whitney, Exec. v. HalibutCourt of Appeals of Maryland · 1964
  3. Funger v. Mayor of SomersetCourt of Appeals of Maryland · 1968
  4. Allview Acres, Inc. v. Howard Investment Corp.Court of Appeals of Maryland · 1962
  5. Hill v. BeneviczCourt of Appeals of Maryland · 1961

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API