MANN v. WHITE MARSH

No. 3, September Term, 1990.

321 Md. 111 (1990)

581 A.2d 819

NORMAN MARTIN MANN v. WHITE MARSH PROPERTIES, INC.

Court of Appeals of Maryland.

November 7, 1990.


Attorney(s) appearing for the Case

George W. Liebmann and Orbie R. Shively (George W. Liebmann, P.A., on brief), Baltimore, for petitioner.

J. Calvin Jenkins, Jr. (Agatha M. Rosenbaum, on brief), Towson, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE and CHASANOW, JJ.


RODOWSKY, Judge.

This case presents a variation on a common theme. We shall hold that summary judgment was properly granted where there were conflicting inferences, because the conflicting inferences were not of material fact. That result occurs in this purchaser's specific performance action where the purchaser's sole avoidance of a Statute of Frauds defense is part performance. The undisputed acts relied on for part performance may, or may not, relate to a contract...

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