Hamburger v. Finkel

Pattison, J., delivered the opinion of the Court. In this ease the appellees, Joseph Finkel and Dora Finkel, his wife, sold unto Jack Hamburger, the appellant, the property known as Ho. 605 South Broadway, which; as stated by the appellees in the agreement of sale, was held by them in fee simple. The price to be paid therefor was $10,000, of which $500 was paid prior to the signing of the agreement and the balance was to be paid in cash within thirty days from the first day of October, 1924, the date of the agreement. Upon the payment of the unpaid purchase money, the deed was to be executed by the vendors at the vendee’s expense, and at such time the vendors were to convey to the vendee a good and merchantable title to the property.

The balance of the purchase money was not paid when due and payable, and the appellees filed their bill asking ²⁷⁶ that the agreement of sale be specifically enforced and that the appellant be decreed to pay to 'the appellees the balance of the purchase money, and that upon his doing so he be required to accept from the appellees a conveyance of said property. The appellant, defendant below, filed his answer to the bill, admitting the sale of the property to him at the price named, and that he had paid thereon only the sum of $500, but alleged that the plaintiff had not a good and merchantable title to the property sold to him; that it was a part of a large tract subject to an original rent of twenty-six pounds sterling and further subject to a suLrent of one cent. It is stated in an agreed statement of facts found in the record: That the property mentioned was, by lease dated June 7th, 1780-, and recorded among the Land Records of Baltimore City, demised and leased by James Giles and Annie Giles, his wife, to James Sterling at and for the annual rent of twenty-six pounds sterling, and 'the property mentioned in saidi lease were lots Eos. 198, 191, 213, and the one-half of lot Eo. 205 which adjoined Lot Eo. 213, and that said lots so leased are shown on a photostatic copy filed with the bill, which the reporter is asked to insert in his report of this case; ²⁷⁷ that the entire lot became vested in Daniel Bowley by virtue of an assignment from said James Sterling, dated January 10th, 1781, and duly recorded among the Land Records of Baltimore City; that Daniel Bowley 'made various leases of small lots which were carved out of the property , mentioned in the original lease, whereby various and sundry rents were reserved, and that he, by lease dated April 3rd, 1806, did demise and lease the property now known as Ho. 605 South. Broadway to Robert Hancock, which said lease is likewise duly recorded among the Land Records of said city, reserving out of said lease the annual rent of one cent, with the usual provision that said lot of ground should pay no other or greater rent; that title to said lot so known as Ho. 605 South Broadway was acquired by the plaintiffs (the appellees) by virtue of a deed from Silas M. Eleischer and wife, dated June 14th, 1918, and likewise recorded among the Land Records of Baltimore City, and that the ground rent of one cent mentioned in said deed has not been demanded nor has it been paid for more than twenty consecutive years.

It is also stated in the said agreed statement of facts that William 1). MeKim acquired title to various sub-rents issuing out of portions of the property mentioned in the original lease, also a lot ait the corner of Market (now Broadway) and Fleet Streets in fee simple, which was