Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 108

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 108

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: take any advantage of Johnson in the matter. Both he and Newman are shown to have acted throughout in good faith towards Johnson, who has only his inability or tardiness to blame for his situation. Even if it were conceded that Johnson was in perfect good faith insisting upon his right to demand a release from the railroad, he should have elected either to accept the title without a release, or cancel the contract upon Newman's refusal to procure a release and enforce whatever rights, if any, he had under those conditions. He could not play fast and loose with the contract, spcculating upon the contingency of a resale, instead of complying with his ovn absolute obligation as to payment. Opinion of the Court. 103 Flanigan proposed to consummate his purchase without a release from the railroad, and testified that on October 9th, Kelly told him he would not put up one dollar for Johnson until he would get a guaranteed title, and explained that he meant a title guaranteed by the Title Company to HolTman under his application to them, and Kelly admitted this was true. Flanigan thus acquired in good faith valuable contract rights in this property after repeated defaults by Johnson; rights much more strongly invoking the favor of a Court of equity than any acquired by Johnson in view of all his conduct in the matter. In such cases the Court will consider the claims of third parties who have dealt as to the property in good faith, and will not decree specific performance if injustice will thereby be done to them, or injury be inflicted upon the defendant. For five months Johnson, according to his contention was declining to take such title as Newman had, and then when he finds Newman has a purchaser willing to take that title, asks the more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236873548
  • 9781236873545