LISSAU v. SMITH

[No. 121, September Term, 1957.]

215 Md. 538 (1958)

138 A.2d 381

LISSAU ET UX. v. SMITH ET AL.

Court of Appeals of Maryland.

Motion for rehearing and stay of mandate filed February 19, 1958.

Denied February 28, 1958.


Attorney(s) appearing for the Case

William Bruce Oswald, with whom was J. Purdon Wright on the brief, for appellants.

Gerald E. Topper for John Warfield Smith et ux., appellees.

Richard W. Kiefer for Jesse J. Hurd et ux., appellees.

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


Motion for rehearing and stay of mandate filed on behalf of the Hurds February 19, 1958.

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

Two rival contract purchasers of the same real property at the same price are contending in this appeal for the right to consummate their purchase.

The chancellor denied specific performance to the Lissaus, the buyers whom the sellers repudiated, and sanctioned the sale to the Hurds, the buyers to whom the sellers...

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