ROBERTSON v. COAD

[No. 53, September Term, 1967.]

249 Md. 252 (1968)

239 A.2d 75

ROBERTSON AND MILLS v. COAD, ET UX.

Court of Appeals of Maryland.

Decided March 8, 1968.


Attorney(s) appearing for the Case

M. Wayne Munday, with whom were Lee F. Holdmann, F. DeSales Mudd and Mudd & Mudd on the brief, for appellants.

Edward S. Digges and Joseph S. Kaufman for appellees.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, McWILLIAMS and FINAN, JJ.


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

The casus belli in this appeal stems from the phrase, "seller to guarantee right of way to property," inserted in the contract of sale at the behest of the buyers whose bill for specific performance the chancellor dismissed. They charge error. We agree.

The appellees (Coad) own a 171.5 acre tract of vacant land in Charles County which lies more than a mile from the public road. Access is achieved only by...

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