Legal Opinion

Owings v. Baldwin

Court of Appeals of Maryland

Decided December 15, 1849PublishedCited by 12 opinions

Appeal from the Court of Chancery. The bill in this case was filed on the 20(h of May, 1846, by the appellant, against the appellees, for a specific execution of a parol agreement for the purchase of a parcel of land, with the improvements thereon, consisting in part of a factory called Guilford factory, which, the bill alleges, the appellees agreed verbally to purchase of the complainant, some time in the spring of 1845, for the sum of $20,000, of which $5,000 was to be…

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Appeal from the Court of Chancery. The bill in this case was filed on the 20(h of May, 1846, by the appellant, against the appellees, for a specific execution of a parol agreement for the purchase of a parcel of land, with the improvements thereon, consisting in part of a factory called Guilford factory, which, the bill alleges, the appellees agreed verbally to purchase of the complainant, some time in the spring of 1845, for the sum of $20,000, of which $5,000 was to be paid on delivery of possession, and, within twelve months thereafter, the sum of $1,666.66|, with interest on the unpaid…

1Opinion of the CourtDorsey, C. J.

That an oral contract for the sale and purchase of the lands, mentioned in the proceedings in this cause, existed prior to the 1st day of June, 1.845, and that it never has been abandoned or rescinded by the concurrence of both parties, we regard as *348fully and satisfactorily established by the proof in the record before us. And it is equally clear, that a compliance with the terms and condition of this contract, did not take place at the time anticipated by the parties, in consequence of the vendee’s objections to the sufficiency of the vendors’ title; which objections he promised to have…

2Cited by12 opinions

  1. Ann Berta Lodge, No. 42 v. LevertonTexas Supreme Court · 1874
  2. Gill v. WellsCourt of Appeals of Maryland · 1883
  3. Mundorff v. KilbournCourt of Appeals of Maryland · 1853
  4. Garner v. Union Trust Co.Court of Appeals of Maryland · 1945
  5. Billingslea v. WardCourt of Appeals of Maryland · 1870

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