KAY v. GITOMER

[No. 169, September Term, 1968.]

253 Md. 32 (1969)

251 A.2d 853

KAY, ET AL. v. GITOMER

Court of Appeals of Maryland.

Decided April 2, 1969.


Attorney(s) appearing for the Case

Jerry H. Hyatt, with whom were Linowes & Blocher, R. Robert Linowes and John J. Delaney on the brief, for appellants.

Harry K. Wolpoff, with whom was Robert A. Wallace on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, SINGLEY and SMITH, JJ.


SINGLEY, J., delivered the opinion of the Court.

This is an appeal from a decree of the Circuit Court for Montgomery County sitting in equity, directing that the appellants, Albert J. Kay and Benjamin F. Eckles, convey to the appellee, Norman M. Gitomer, title to lot 5 in block H of R. Holt Easley's subdivision of Silver Spring. The lower court granted specific performance upon a finding that title to the lot was held by Kay and Eckles as tenants in partnership and...

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