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ALLEN v. KAPLAN

[No. 380, September Term, 1968.]

255 Md. 409 (1969)

258 A.2d 211

ALLEN, ET UX. v. KAPLAN

Court of Appeals of Maryland.

Motion for rehearing filed December 5, 1969.

Denied December 9, 1969.

Attorney(s) appearing for the Case

Michael P. Crocker, with whom were G. Van Velsor Wolf, Paul V. Niemeyer and Piper & Marbury on the brief, for appellants.

William D. Donnelly, with whom were Donnelly & Golin on the brief, for appellee.

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

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

William L. Allen and Rose F. Allen, his wife (the Allens) brought suit against Milton Kaplan in the Circuit Court for Prince George's County to enforce what they conceived to be Kaplan's obligation as co-maker of a promissory note. From an order entering summary judgment in Kaplan's favor for costs, the Allens have appealed.

In 1961, the Allens sold a tract of 138 acres in Prince George's County to Harrison...

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