Fox v. Fraebel

Briscoe, J., delivered the opinion of -the Court. On the 18th day of September, 1918, the Bradford Loan and Savings Association of "Baltimore City, one of the de ⁵⁵ fendants in this case, agreed in writing to sell to one Joseph hf. Green a certain lot of ground, with the improvements thereon, situate on the southwest corner of Twelfth and Fleet Streets., Baltimore City, and known as 600 South Twelfth Street, for the sum of eighteen hundred and twenty dollars, subject to an annual ground rent of fifty dollar's.. The contract of sale is set. out in the record, and it recites that the purchase price was to be paid in weekly installments, as stated therein, and it stipulated, upon payment of the balance due, it would execute to the purchaser at his costs and expense a deed for said property, subject to the ground rent mentioned therein.

There were other covenants and stipulations, set out in the contract of sale, which will fully appear from the contract itself, but need not be further stated here. On the 18th day of December, 1918, Joseph M. Green assigned and transferred to two of the defendants, A. Edward Fraehel and Maria Fraehel his wife, as tenants by the entire-ties, all of his right, title and interest in the alleged lease, and to the property mentioned therein, as follows: “For value received, I hereby transfer, assign and set over unto Edward Fraebel and Maria Fraebel, Ms wife, as tenants by the entireties, all my right, title, and interest in and to the within agreement and the property mentioned therein. The said Edward Fraebel and wife on their part hereby accepting this agreement with all its clauses, conditions and covenants. “As witness the hands and seals this 12th day of December, 1918, of the parties hereto. “Joseph M. Green. (Seal) “Edtvard Fraehel.

(Seal) “Mary Fraebel. (Seal) Test: “Edna Y. Schaeffer.” On June 10th, 1919, Mrs. Mary Fraebel, alone, executed a two year lease of this property to William E. .Jarrell, with ⁵⁶ the option of purchasing the property for the sum of twenty-three hundred dollars. The lease in question is as follows: “This Agreement Witnesseth, That Mary Travel doth hereby agree to lease to William E. Jarrell property Xumber 600 S. Twelfth Street, in Baltimore City, Maryland, at a rental of thirty dollars ($30.00) per month, beginning from March 10th, 1919, for a term of two years, with the privilege of subleasing said property by William E. Jarrell, and also the option of purchasing said premises for the sum of twenty-three hundred dollars. “Witness our hands and seals this sixteenth day of June, 1919. “Mary Earebel. (Seal) “W. E. Jarrell.

(Seal) “Test: “Emil R. Denhard.” William E. Jarrell, one of the parties to' the lease, died on the 19th of October, 1919, and on the 24th of February, 1921, letters of administration on his estate were granted to his widow, Stella E. Jarrell, by the Orphans’ Court of Baltimore City. 'Subsequently, she procured an order of the orphans’ court directing the sale of the alleged lease and option, and sold the same to the plaintiff, J. Frank Fox, for the sum of two hundred dollars. This sale, it appears, was reported to and ratified by the orphans’ court, and the administratrix thereafter made the following transfer and assignment on the lease and option to J. Frank Fox: “For value received, I hereby assign and transfer the above agreement and option to J. Frank Fox. “Witness my hand and seal. “Mrs. Stella Jarrell, (Seal) “Administratrix of William E. Jarrell, deceased.” On March 5th, 1921, the appellant notified the three appellees, by letter, that he had purchased the lease and option and had elected to exercise the option to purchase the property, ⁵⁷ contained therein. The letter is set out in the record and is as follows: “March 5th, 1921. “Mrs. Mary Eraebel and Mr. A. Edward Eraebel, her husband, Bradford Building and Loan Association. “I beg to notify you that I have purchased from Mrs. Stella C. Jarrell, Administratrix of the estate of William E. Jarrell, the lease of and option to purchase the property ISTo. 600 South Twelfth Street, Baltimore, Md. I beg to notify you that 1 do hereby exercise the option to purchase said property contained in the agreement entered into with the late William. E. Jarrell on June 16th, 1919.

I am ready now to pay for said property in accordance with said agreement, and would be g-lad if you will let me know when you will be ready to execute a deed to me for the same. “This letter is a notice to you of my election to exercise the option contained in