STUEBER v. ARROWHEAD FARM ESTATES LTD. P'SHIP.

No. 590, September Term, 1986.

69 Md. App. 775 (1987)

519 A.2d 816

HARRY F. STUEBER, ET UX. v. ARROWHEAD FARM ESTATES LIMITED PARTNERSHIP, ET AL.

Court of Special Appeals of Maryland.

January 14, 1987.


Attorney(s) appearing for the Case

Royal G. Shannonhouse, III (Leonard E. Moodispaw and Blumenthal, Wayson, Downs & Offutt, P.A., on the brief), Annapolis, for appellants.

Richard M. McGill, Upper Marlboro, for appellees.

Argued before GILBERT, C.J., and ROSALYN B. BELL and WENNER, JJ.


GILBERT, Chief Judge.

Although expressed differently by the appellants, the question posed to us is, where a contract for the sale of property provides an exclusive remedy upon breach, may a court, having found a default, nevertheless ignore that remedy and enter judgment for the errant party? We conclude that under the circumstances of this case the court is not permitted to rewrite the contract and thereby substitute its will for that of the contracting parties...

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