HUBER v. MULLAN

Nos. 9943-9946.

350 F.2d 872 (1965)

George F. HUBER, Jr., Plaintiff, and Chesapeake & Dallas Co., Inc., Defendant, Appellees, v. Charles A. MULLAN and Thomas Mullan, Jr., Appellants. George F. HUBER, Jr., Plaintiff, and Chesapeake & Dallas Co., Inc., Defendant, Appellees, v. THIRTY-NINE HUNDRED NORTH CHARLES STREET, INC., Appellant. George F. HUBER, Jr., Plaintiff, and Chesapeake & Dallas Co., Inc., Defendant, Appellees, v. George E. BANKS, III, Appellant. George F. HUBER, Jr., Plaintiff, and Chesapeake & Dallas Co., Inc., Defendant, Appellees, v. Barbara A. BANKS, Appellant.

United States Court of Appeals Fourth Circuit.

Decided September 9, 1965.


Attorney(s) appearing for the Case

Robert R. Bair, Baltimore, Md., for appellant in No. 9946.

Peter Parker, Baltimore, Md., for appellant in No. 9945.

Francis B. Burch, Baltimore, Md., for appellants in Nos. 9943 and 9944 (Arthur W. Machen, Jr., and George W. Baker, Jr., and Allen, Burch & Baker, and Venable, Baetjer & Howard, and Semmes, Bowen & Semmes, Baltimore, Md., on brief).

R. Taylor McLean, Towson, Md., for appellee George F. Huber, Jr.

M. Peter Moser, Baltimore, Md., for appellee Chesapeake & Dallas Co., Inc. (Berryl A. Speert and William F. Lynch, II, Wilmington, Del., and Royston, Mueller, Thomas & McLean, Towson, Md., and Nyburg, Goldman & Walter, Baltimore, Md. and Morris, James, Hitchens & Williams, Wilmington, Del., on brief).

Before BOREMAN, BRYAN and BELL, Circuit Judges.


PER CURIAM:

Interpretation of an option agreement in accordance with his views was successfully prayed by George F. Huber, Jr., in a declaratory judgment action. On this appeal by certain of the defendants, we affirm. The terms of the agreement and the circumstances of its execution appear as follows.

In December 1962 George E. Banks, III, and his wife, Barbara, (Banks) transferred to Huber their share of an interest held jointly by them with Huber in an apartment...

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