NEW YORK BRONZE v. BENJAMIN ACQUISTION

No. 6, September Term, 1997.

716 A.2d 230 (1998)

351 Md. 8

NEW YORK BRONZE POWDER COMPANY, INC. v. BENJAMIN ACQUISITION CORPORATION.

Court of Appeals of Maryland.

August 25, 1998.


Attorney(s) appearing for the Case

Robert P. Scanlon (Anderson & Quinn, on brief), Rockville, for Petitioner.

Lloyd N. Fantroy (Foley & Lardner, on brief), Washington, DC; Steven B. Chameides, of counsel, for Respondent.

Argued before BELL, C.J., ELDRIDGE, RODOWSKY, CHASANOW and RAKER, JJ., and MARVIN H. SMITH and ROBERT L. KARWACKI, Judges (retired), Specially Assigned.


MARVIN H. SMITH, Judge (retired), Specially Assigned.

This case presents the problem of whether a provision in a contract is a condition or a promise or both. The Court of Special Appeals in an unreported opinion reversed a trial court judgment and construed as a condition precedent a provision in a non-negotiable note/contract requiring surrender of the note in order to receive payment.

The facts relevant to this decision may be briefly stated.

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