WHALEN v. OWENS

[No. 389, September Term, 1967.]

251 Md. 278 (1968)

247 A.2d 248

WHALEN, ET AL. v. OWENS

Court of Appeals of Maryland.

Decided November 7, 1968.


Attorney(s) appearing for the Case

Joseph A. Lynott, Jr. for appellants.

Charles W. Foster, with whom were Meatyard, Carlin, Hollis & Foster on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, SINGLEY and SMITH, JJ.


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

This is an appeal from an order of the Circuit Court for Montgomery County sustaining Owens' demurrer to the bill of complaint filed by C.M. Whalen and Robert J. Whalen (Whalen) for specific performance of a contract. During argument of the case before us, counsel for the parties conceded that the order entered by the court below was intended to sustain the demurrer without leave to amend, and was therefore a final...

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