SMALL v. CIAO STABLES, INC.

[No. 26, September Term, 1980.]

289 Md. 554 (1981)

425 A.2d 1030

DOUGLAS R. SMALL, JR. ET UX. v. CIAO STABLES, INC. ET AL.

Court of Appeals of Maryland.

Motion for reconsideration filed March 20, 1981.

Denied March 31, 1981.


Attorney(s) appearing for the Case

Richard A. Reid, with whom were Royston, Mueller, McLean & Reid on the brief, for appellants.

Neil J. Dilloff for appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON, and RODOWSKY, JJ.


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

In this case we hold, applying New York law, that partially disclosed principals, who sold a race horse through an agent-auctioneer, are barred from suing the buyer for the purchase price by the rescission of the sales contract adjudged by a New York court in the buyer's action against the auctioneer, of which the sellers had actual knowledge but to which they were not parties.

Appellants, Douglas R. Small...

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