DARNEILLE v. GERACI

[No. 72, September Term, 1964.]

237 Md. 51 (1964)

205 A.2d 55

DARNEILLE v. GERACI, ET UX.

Court of Appeals of Maryland.

Motion for rehearing filed December 21, 1964.

Denied January 4, 1965.


Attorney(s) appearing for the Case

Kenneth E. Pruden and George T. Burroughs, with whom was Wilmer D. Pyles on the brief, for appellant.

David Macdonald for appellees.

The cause was argued before HENDERSON, C.J., and HAMMOND, HORNEY, SYBERT and OPPENHEIMER, JJ.


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

In this suit for specific performance, the questions on appeal are whether it was error to allow the seller a rehearing for the purpose of asserting a new and different defense after the entry of a decree granting specific performance; and, assuming the rehearing was proper, whether it was error to deny specific performance when the purchaser offered to pay the balance of the purchase money into court.

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