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HERRING v. OFFUTT

[No. 2, September Term, 1972.]

266 Md. 593 (1972)

295 A.2d 876

HERRING ET AL. v. OFFUTT

Court of Appeals of Maryland.

Decided November 1, 1972.

Attorney(s) appearing for the Case

Peter F. O'Malley, with whom were Kahler, Shipley & O'Malley, Haislip & Yewell and Thomas B. Yewell on the brief, for appellants.

Thomas A. Farrington, with whom were Sasscer, Clagett, Channing & Bucher on the brief, for appellee.

The cause was argued before MURPHY, C.J., and BARNES, McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ., and PLUMMER M. SHEARIN, Associate Judge of the Sixth Judicial Circuit, specially assigned.

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

By written agreement dated June 4, 1963, Lyle E. Dewees, Oscar R. Duley and two others became "partners" in a business called the "Spencer Joint Venture", for the purpose of owning and developing 14.6332 acres of land in Prince George's County. Dewees and James F. Herring owned a restaurant business located on the property. On December 22, 1963, Duley died owning a 25% interest in the venture. Thereafter, Dewees and...

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