Beck v. Bernstein

Collins, J., delivered the opinion of the Court. This is an appeal from a decree ordering the appellant to specifically perform an alleged agreement to lease certain lots in Silver Spring, Maryland. The appellant, being the owner of these two lots, through her real estate broker, sent the following letter to the appellee, signed by her and to which she placed the name of her husband, Herbert E. Beck: “February 15, 1950. Mr. Leo M. Bernstein 1415 K Street, N.W. Washington, D. C. Re: Lease of property at northeast corner of Fenton Street and Roeder Road, Silver Spring, Maryland being Lots 17 and 18 (formerly Lots 7 and 8) on plat of Roeder’s Edition.

Dear Sir: In connection with our conversation of February 14, relative to leasing the above property: 1. We will lease the property including the residence $5600.00 $5000,00 to be paid monthly through the office of Wm. H. Saunders Co., Inc., providing Lessee will improve the property with a fireproof building at a cost of not less than $50,000,00. for per year for 99 years, -renewable, rents ²⁴⁶ 2. The lot involved has a frontage on Fenton Street of 62.74 feet and a 110 foot frontage on Roeder Road.

The southern line adjoining Lacy’s store has a depth of 113 feet. Total area approximately 7000 square feet. The lot is zoned for first commercial use. pay all 3. Lessee must agree te pay all increase in taxes on Real Estate. either as a result e# -improvements made er from natural causes over and abe-ve fee present taxes which are $500.-00 per annum; 4r There is a first trust ef $25,000.00 payable $175.00 per month at interest.- These payments ean be handled te suit fee -Lessee either by making the payments direct te fee holder of the -notes or allowing me 4*/"» TV» Cl IrA fL ATV» O C« T. L O TTA V»rf"»/"»TT AATnA» Uv XIavvXXv vXXwXXX XT XXVVr v X/vvXX VíUXXX>a7 5.

The conditions contained in this letter will be in force until March 16, 1950, after that date this understanding will become null and void until such timé as you may be able to bring this matter to a satisfactory conclusion. We would like to take this opportunity to notify you that we only recognize Wm. H. Saunders Co., Inc., as our brokers in this transaction and any comissions agreed upon as a result of a lease will be paid to their office. Very truly yours, HESTER E. BECK Hester Beck, Owner HERBERT BECK Herbert Beck, Owner” The deletions indicated were made before the appellant signed the letter prepared by her broker.

On March 6th, 1950, the appellee sent the following letter to the appellant and her husband: “Mrs. Hester E. Beck Mr. Herbert Beck Silver Springs, Maryland Re: Lease of property at northeast corner of Fenton Street and Roeder Road, Silver Spring, Md., being ²⁴⁷ Lots 17 and 18 (formerly Lots 7 and 8) on Plat of Roeders Edition. Dear Mr. and Mrs. Beck: Replying to your letter of February 15, 1950, wherein you offer to lease the above described property, including the residence located thereon, for a period of 99 years at a rental of $5,600.00 per year, providing lessee will improve said property with a fire-proof building at a cost of not less than $50,000.00, please be advised that your offer is hereby accepted. Lessee agrees to pay rent at the rate of $5,600.00 per year and in consideration of this agreement there is enclosed herewith a check for the first months rent in advance. Lessee further agrees to construct upon said property a fire-proof building at a cost of not less than $50,000.00 and will pay all taxes on said real estate from the date possession is turned over to lessee.

Rent also shall begin as of that date. It is understood that lessee is willing that rent shall begin as of March 16, 1950, if you can turn possession over as of that date; otherwise possession shall not be later than six months after March 16th, 1950. It is understood that the title to said property is good of record and in fact and that there are no restrictions or clouds upon the title which will in any wise prevent you from executing the said 99 year lease. I would appreciate it very much if you will have your attorney arrange an appointment with Mr. Stanley H. Fischer, my attorney, for the purpose of drawing up the contemplated lease.

Very truly yours, LEO M. BERNSTEIN Leo M. Bernstein” Upon indication that the appellant would not go through with the alleged offer made in her letter of February 15th, 1950, the appellee filed a Bill