Legal Opinion

O'Keefe v. Irvington Real Estate Co.

Court of Appeals of Maryland

Decided February 10, 1898PublishedCited by 15 opinions

Appeal from a decree of. Circuit Court No. 2, of Baltimore City (Stockbridge, J.) The contract sued on was for the sale of certain unimproved land lying at Irvington, a suburb of the city of Baltimore.

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Appeal from a decree of. Circuit Court No. 2, of Baltimore City (Stockbridge, J.) The contract sued on was for the sale of certain unimproved land lying at Irvington, a suburb of the city of Baltimore. It 'was understood that this property was to be developed by the plaintiff by opening streets, alleys, etc., some of which would bind upon the defendant’s lot, and when the draughtsman of the contract came to specify the grades of these proposed thoroughfares, it is alleged that by inadvertence he wrote “ subject to the opening of streets and alleys as contemplated by company, and as to grades…

1Opinion of the CourtPearce, J.

The bill in this case was filed by the appellee for the purpose of having a contract for the sale of land reformed, and when so reformed, of having it specifically enforced, which was accordingly decreed. In addition to a mass of testimony taken after answer filed, there is incorporated in this record the entire proceedings in a previous case between these same parties, covering 58 pages, in which specific performance.of the same contract—without asking reformation thereof— was sought, and in which the bill was dismissed without prejudice.

The substantial question presented in this case is one…

2Cases cited11 opinions

  1. Durant v. Essex Co.Supreme Court of the United States · 1869
  2. Lang's Heirs v. WaringSupreme Court of Alabama · 1854
  3. Lyon v. Perin & Gafe Manufacturing Co.Supreme Court of the United States · 1888
  4. Martin v. EvansCourt of Appeals of Maryland · 1897
  5. Stiles v. WillisCourt of Appeals of Maryland · 1887

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3Cited by15 opinions

  1. Hill v. PinderCourt of Appeals of Maryland · 1926
  2. Colusa Parrot Mining & Smelting Co. v. MonahanCourt of Appeals for the Ninth Circuit · 1908
  3. Rosenberg v. StateCourt of Appeals of Maryland · 1933
  4. Cohen v. NumsenCourt of Appeals of Maryland · 1906
  5. Barlow v. HoffmanSupreme Court of Colorado · 1938

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