Levy v. Baetjer

Marbury, C. J., delivered the opinion of the Court. This is a bill for specific performance filed by the appellants against the appellees. A demurrer, filed to the bill, was sustained, and the bill dismissed. The complainants then took this appeal.

Appellees, being then the owners, made an agreement in writing on the 19th day of April, 1950, to sell about fourteen acres of land in Baltimore County to the appellants. The purchase price was $4,250.00, of which $500.00 was paid prior tó the signing, and the balance was to be paid on the date of settlement. The contract ²⁴² provided for “settlement to be made on or before July 10, 1950”. It was also provided that the contract was contingent upon the purchasers being able to obtain a right of way into the property across some adjacent property, for a consideration of not more than $500.00.

If the right of way could not be obtained prior to the settlement date, the contract provided that it should be null and void. It was also provided that time was of the essence of the agreement. On April 26, 1950, Howard Baetjer wrote to the real estate broker who was handling the transaction (apparently for the appellants), and called attention to the fact that he expected to be out of the city of Baltimore during June and the first two weeks of July. He said if the exact date was of importance to the purchasers, they could have the deed prepared and he could sign it before he left, and Walter Baetjer could then sign it at the proper time.

On May 24, 1950, the real estate broker wrote to Howard Baetjer requesting an extension to August 1st, 1950, and Mr. Baetjer replied to this under date of May 29th, and agreed to this extension. On July 20, 1950, the real estate broker wrote to Mr. Baetjer and said there was considerable difficulty in acquiring the right of way and requested an extension of the date of settlement to September 15. There was no reply to this letter, but, on August 7, 1950, after the date of settlement, the appellants offered the broker a check for the payment of the purchase price, with instructions to obtain the deed without the contemplated right of way. The broker visited Howard Baetjer on the same day, but was advised by the latter that he would have to let him know later.

Four days later, on August 11th, Mr.