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FRANK M. EWING CO. v. KRAFFT CO.

[No. 150, September Term, 1959.]

222 Md. 21 (1960)

158 A.2d 654

FRANK M. EWING CO., INC. v. KRAFFT COMPANY ET AL.

Court of Appeals of Maryland.

Decided March 15, 1960.

Attorney(s) appearing for the Case

Carlyle J. Lancaster and T. Hammond Welsh, Jr., with whom were Welsh, Dyer & Lancaster and Betts, Clogg & Murdock on the brief, for Frank M. Ewing Co., Inc., the appellant.

John C. Keating for Krafft Company, one of the appellees.

E. Austin Carlin for James G. Hollis, another appellee.

Submitted on brief by J. Willard Nalls, Jr., for Rose Hill Estates, Inc., an appellee, and by H. Ralph Miller for John G. Salsman, an appellee and the cross-appellant.

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

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

On the morning of the day of sale under foreclosure of a construction deed of trust, appellant Frank M. Ewing Co., Inc., the assignee of the note secured by the deed, handed Charles Galeano, president of Custom Line Homes, Inc., the builder and maker of the note, a check for $8,300.00 purporting to be the final advance under the deed, and was immediately given back the endorsed check to be applied in reduction of the...

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