Joppa Sand & Gravel Corp. v. Epstein & Sons, Inc.

Appellant, Joppa Sand and Gravel Corporation (Joppa),1 was engaged in excavating sand and gravel from a 145-acre parcel located in Joppatowne, Harford County, adjacent to land upon which appellee, L. Epstein and Sons, Inc. (Epstein), operated the Towne Plaza Shopping Center, and to additional unimproved land owned by Epstein, intended for the expansion of the shopping center.

The 145 acres were owned by Fidelity Mutual Life Insurance Company and Epstein had “first refusal” rights with respect to their purchase. Joppa made an offer to purchase the entire acreage from Fidelity for $250,000.…