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WOCKENFUSS v. KASTEN CONSTR. CO.

[No. 409, September Term, 1969.]

258 Md. 541 (1970)

267 A.2d 146

WOCKENFUSS v. THE KASTEN CONSTRUCTION COMPANY, INC.

Court of Appeals of Maryland.

Decided June 24, 1970.

Attorney(s) appearing for the Case

Paul E. Alpert, with whom were Alpert, Lichter, Coleman, Pezzulla & Rogers on the brief, for appellant.

Charles C.W. Atwater and David A. Carney, with whom were Mylander & Atwater on the brief, for appellee.

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

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

In 1964, Mr. Wockenfuss sold some property which he owned in Anne Arundel County to Luther Construction Company, Inc. (Luther) for $103,475. At settlement he was paid $18,000 in cash and was given a purchase money mortgage for $85,475. The mortgage provided that interest at the rate of 5% would be paid in quarterly instalments, the first of which would be due 10 June 1964; that the unpaid balance of the debt would be...

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