EISEL v. HOWELL

[No. 40, September Term, 1959.]

220 Md. 584 (1959)

155 A.2d 509

EISEL ET UX. v. HOWELL ET AL.

Court of Appeals of Maryland.

Decided November 17, 1959.


Attorney(s) appearing for the Case

Robert S. Rody for the appellants.

Submitted on brief by Irvin S. Friedman and George D. Edwards for the appellees.

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


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

Builders of a dwelling in Baltimore County, seeking to enforce a mechanics' lien by the statutory bill in equity, were met by the claims of the owners — in a motion to dismiss the bill and for a summary decree — that the failure of the builders to have sought arbitration, as allegedly required by the written contract between the parties, ousted the Circuit Court of jurisdiction. Judge Raine, without hearing...

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