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BURKA v. PATRICK

No. 388, September Term, 1976.

34 Md. App. 181 (1976)

366 A.2d 1070

EDITH H. BURKA, PERSONAL REPRESENTATIVE OF THE ESTATE OF SAM BURKA ET AL. v. KENNETH A. PATRICK.

Court of Special Appeals of Maryland.

Decided December 8, 1976.

Attorney(s) appearing for the Case

Alan S. Burke, with whom were Burke, Morse & Burke, P.A. on the brief, for appellants.

James M. Griffin, with whom were Stedman Prescott, Jr., and Staley, Prescott & Ballman, P.A. on the brief, for appellee.

The cause was argued before GILBERT, C.J., and MOYLAN and POWERS, JJ.

GILBERT, C.J., delivered the opinion of the Court.

The premier question asked in this appeal is, does the death of a party to a contract to purchase realty constitute legally excusable impossibility of performance. The appellants, Edith H. Burka, personal representative of the estate of her deceased husband, Sam Burka, and herself, individually, a party purchaser under the contract, are of the belief that when "one [is] dead, [t]he other [is] powerless to [perform...

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