Legal Opinion

Miller v. United States Naval Institute

Court of Special Appeals of Maryland

Decided December 16, 1980No. 452, September Term, 1980PublishedCited by 5 opinions

1Opinion of the CourtMacDaniel, J.

This is an appeal from an Order of the Circuit Court for Anne Arundel County sustaining a demurrer. In September 1979, appellants Philip Miller and Rita Miller, his wife, filed a bill in equity for specific performance of a contract made by appellee, the United States Naval Institute, to purchase certain land. The precise issue of appellee’s breach, vel non, is not before us. Rather, the appellee demurred, and the demurrer was sustained, upon the ground that, even assuming appellee’s breach, specific performance was precluded since the contract contained a liquidated damages clause designed…

2Cases cited18 opinions

  1. Stewart v. Griffith Ex Rel. BallSupreme Court of the United States · 1910
  2. Linz v. SchuckCourt of Appeals of Maryland · 1907
  3. Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1920
  4. Phoenix Ins. Co. v. . Continental Ins. Co.New York Court of Appeals · 1882
  5. Hahn v. Concordia SocietyCourt of Appeals of Maryland · 1875

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3Cited by5 opinions

  1. Holloway v. Faw, Casson & Co.Court of Special Appeals of Maryland · 1989
  2. North American Consolidated, Inc. v. KopkaDistrict Court, D. Massachusetts · 1986
  3. Boyle v. CommonwealthCommonwealth Court of Pennsylvania · 1986
  4. Holloway v. Faw, Casson & Co.Court of Special Appeals of Maryland · 1989
  5. Pernice v. BovimDistrict Court, District of Columbia · 2016

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