Lane Manor Corporation v. Byers

Collins, J., delivered the opinion of the Court. This is an appeal from a decree ordering specific performance of an alleged agreement for the sale of real estate. The material allegations of the bill filed against the appellant and Pomponio Realty, Inc., are “That on the 8th day of May 1950, the Pomponio Realty Corporation agreed in writing to sell to the complainant ‘A house ⁴⁰⁷ to be built on Lot No. 13 Q Section 2, University Gardens, Lane Manor, Prince Georges County, Maryland for the sum of twelve thousand five hundred dollars ($12,-500.00), and your complainant files and attaches hereto said agreement marked Complainant’s Exhibit “A”.’ Before the execution of said agreement the sum of five hundred dollars ($500.00) was paid to the Pomponio Realty Incorporated by the plaintiff and he is ready, able, and willing to carry out the other provisions of said contract and has on several occasions requested the defendant Pomponio Realty Corporation to carry out the said provisions of said agreement but they have refused to do so and state that Lane Manor Corporation is the owner of the said house and lot. They also state that Lane Manor Corporation refuses to carry out the provisions of said agreement unless the plaintiff agrees to sign another contract that provides for a much larger consideration.

The plaintiff further alleges that the Pomponio Realty Corporation was on May the 8th, 1950 and is now the legally authorized agent of the Lane Manor Corporation. That the record title to the tract of land which includes Lot No. 13 Q Section 2, Lane Manor, Prince Georges County, Maryland was conveyed to the Lane Manor Corporation by Arthur Pomponio, William Bornstein and Victor Mariani by deed recorded on the 22nd day of March, 1950, in Book 1209 at Page 248. The plaintiff also alleges that the defendants are able to perform the agreement entered into with him and that the defendant Pomponio Realty Corporation still has the original consideration of five hundred dollars and the refusal of the defendants to complete their part of the agreement has seriously injured and damaged him and his family as they are not able to obtain proper and adequate housing. The plaintiff is veteran of World War II, and entitled to all priorities and benefits granted to veterans by the G.I. Bill of Rights and all related acts of Congress and regulations passed in the administration of said acts.” ⁴⁰⁸ Complainant’s Exhibit “A” follows: “POMPONIO REALTY, INC. 2228 WILSON BLVD.

Arlington, Va. May 8, 1950 Received from.: Allen C. Byers a deposit of $500.00, to be applied as a Deposit on Lot No. 13 Q. Section 2, University Gardens, (Lane Manor), Prince Georges County, Maryland. A house to be built on said Lot according to plans and specifications as shown, and to be approved by F.H.A. and V.A. Sales Price: $12,500, including basement on corner lot, with no cash down payment to Veteran, and above deposit to be applied on settlement charges. Purchasers agree to execute Contract of Purchase at a later date.

Subject to changing duct work and electrical requirements. Option to be given until 8 P.M. Friday, May 12, 1950. Accepted by: ALLEN C. BYERS POMPONIO REALTY, INC. By: ANTHONY G. DENICE Agent.” The plaintiff, appellee, prayed for specific performance of this alleged contract of May 8, 1950, and in lieu of specific performance, monetary damages, and general relief.

A general demurrer was filed to the declaration stating that plaintiff “has not stated in his bill of complaint such a case as entitled him to any relief in equity against these defendants, or either of them.” The demurrer was overruled. A joint and