DOOD, INC. v. UNIVERSAL REALTY CO.

[No. 85, September Term, 1957.]

215 Md. 261 (1958)

137 A.2d 651

DOOD, INC. v. UNIVERSAL REALTY COMPANY

Court of Appeals of Maryland.

Decided January 16, 1958.


Attorney(s) appearing for the Case

Louis Samuels for the appellant.

R. Lewis Bainder for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


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

This appeal is from a decree voiding a contract of sale and directing the return of a $500.00 deposit to the purchaser of leasehold property, on the ground of mutual mistake as to the zoning classification of the property.

Whether or not it is an exception to, or inconsistent with, the objective theory of contracts, Maryland has long recognized that equity may rescind a contract executed as a result of mutual...

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