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ACME MARKETS v. DAWSON ENTERPRISES

[No. 156, September Term, 1968.]

253 Md. 76 (1969)

251 A.2d 839

ACME MARKETS, INC. v. DAWSON ENTERPRISES, INC.

Court of Appeals of Maryland.

Decided April 3, 1969.

Attorney(s) appearing for the Case

James S. McAuliffe, Jr. and J. Cookman Boyd, Jr., with whom was Harry E. Silverwood, Jr. on the brief, for appellant.

Arthur J. Hilland, with whom was Charles Duvall Smith on the brief, for appellee.

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

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

Dawson1 insists Acme's2 lease is a cloud on its title. The trial judge, Shure, J., agreed. We take a different view. The facts, on the whole, are undisputed.

In 1957 Dawson was, and still is, the owner of a 26.3 acre tract in Montgomery County on the west side of Wisconsin Avenue, immediately south of Rockville. It contemplated the development of the...

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