Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 36

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 36

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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. 1873 edition. Excerpt: ...which the plaintiff made the purchase. Ve think this case is clearly distinguishable from Lamborn vs. Watson, 6 H. & J., 252, and Duvall vs. Peach, 1 Gill, 172, and the class of cases to which they belong. Duvall vs. Peach seems to us to be altogether inapplicable. The point there decided, as correctly stated in Browne on Statute of Frauds, 273, was that "an agreement to establish the title to land in any party, isequivalent to an agreement to sell him the land, and accordingly it was held in that case that an engagement to break down a certain alleged title, under which a third party claimed adversely, or in any way to perfect the title in the promissee, is within the Statute." In Lamborn vs. Watson the contract which formed the basis of the suit was simply a contract that Watson should buy, and that Lamborn should have the privilege to redeem or re-purchase at the same price. This was the effect of the verbal contract. In form the agreement was that Watson should bid off the land, and the intention seemed to be thus to prevent or baffle the sale, so as to give time to Lamborn, (the defendant in the execution, ) to pay the judgment debt. Judge BUCHANAN speaks of it as " an expedient to prevent an actual sale in order to gain time, which was not altogether free from exception." The agreement was certainly not one constituting Watson as Lamborn's agent to buy for him, thus making Lamborn the real purchaser. If such had been the agreement, there is authority for holding that Lamborn might have succeeded in a Court of Equity, in preventing his agent from defrauding him, and have secured the benefit of the purchase, as was decided in Taylor vs. Salmon, 4 llfyl. & C/-., 134; Lees vs. Nutall, 1 Russ. & more

Product details

  • Paperback | 236 pages
  • 189 x 246 x 13mm | 426g
  • United States
  • English
  • black & white illustrations
  • 123698448X
  • 9781236984487