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PERLMUTTER v. BACAS

[No. 175, September Term, 1958.]

219 Md. 406 (1959)

149 A.2d 23

PERLMUTTER v. BACAS

Court of Appeals of Maryland.

Decided March 20, 1959.

Attorney(s) appearing for the Case

Joe M. Kyle and R. Robert Linowes, with whom were John P. Moore and Moore & Linowes on the brief, for the appellant.

Thomas C. Kelley, with whom were Kelley & Smith on the brief, for the appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ., and DIGGES, J., Associate Judge of the Seventh Judicial Circuit, specially assigned.

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

Perlmutter contracted to buy a tract of land in Montgomery County from John Bacas, intending to subdivide it. At the suit of Bacas, the chancellor decreed that Perlmutter should perform specifically. We find that Bacas' bill should have been dismissed because a mistake as to the material fact that adequate access roads were available induced Perlmutter to sign the contract.

Perlmutter asked Hastings, a real...

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