International-Industrial Developers, Ltd. v. Berg

Per Curiam: On 25 May 1973, we entered a per curiam order affirming with costs an order of the Circuit Court for Worcester ²⁵¹ County which had dismissed the motion of International-Industrial Developers, Ltd. (International) to strike, set aside and vacate a judgment by default which had been entered against it. We shall now give our reasons. Mr. Berg, who had contracted to sell to International certain real estate at Ocean City, Maryland for $1,400,000.00, brought an action at law in the Worcester County court against International and three individuals seeking a declaration that the contract of sale was void and of no effect because the deposit of $100,000.00 called for by the contract had not been made in cash. When International failed to make a timely filing of a responsive pleading, judgment by default was entered against it, followed by a declaration that the contract was void and of no effect.

International appealed from this judgment, but later dismissed its appeal and filed a motion to vacate and set aside the judgment, having been put to the choice recognized by Tiller v. Elfenbein, 205 Md. 14, 19-21 , 106 A. 2d 42 (1954). When this motion was denied on 20 February 1973, an appeal was taken by International from that order, and only from that order. As a consequence, the question before us is a narrow one: did the trial court abuse its