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WALDE v. CAPITAL MORTGAGE INV.

[No. 102, September Term, 1978.]

286 Md. 343 (1979)

407 A.2d 1143

WILLIAM L. WALDE ET AL. v. CAPITAL MORTGAGE INVESTMENTS

Court of Appeals of Maryland.

Decided November 13, 1979.

Attorney(s) appearing for the Case

M. Michael Cramer, with whom were Joseph W. Pitterich, Michael J. Budow and Levitan, Ezrin, Cramer, West & Weinstein, Chartered on the brief, for appellants.

Jacob A. Stein, with whom were Gerard E. Mitchell and Stein, Mitchell & Mezines on the brief, for appellee.

The cause was argued before SMITH, DIGGES, ELDRIDGE, ORTH, COLE and DAVIDSON, JJ.

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

The broad question in this case is whether the trial court erred in granting summary judgment for the plaintiff, Capital Mortgage Investments (CMI). The specific issues relate to (1) the res judicata effect of an order ratifying a mortgage foreclosure sale and (2) the application of the parol evidence rule.

On August 10, 1973, CMI agreed to lend $2,960,000.00 to L & S Investment Co., Inc. (L&S), in...

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