Powers v. House

Marbury, C. J., delivered the opinion of the Court. The appellants as vendors, and the appellees as vendees, entered into a contract on August 10, 1950, for the sale of a house on the property known as 4703 Crosswood Avenue. The purchase price was $11,000, subject to a $90 ground rent. $1,000 was paid on the date of signing the contract, a further payment of $4,000 was to be made on or before August 15, 1950, a credit of $200 was to be allowed, and the balance of the purchase price of $5,800 was to be paid in cash at the time of settlement. The contract also contains a clause stating: “Settlement to be within 30 days of completion of house and house to be completed on or about October 1st, 1950.” At the time of the making of the contract, the house was under construction.

The appellees paid the $4,000 payment, but, according to their testimony, the property was never completed, and, sometime in February, 1951, they were told by Powers that he would get in touch with them after two other parties who were buying similar houses from him had moved in. Then, on May 3, 1951, Powers wrote a letter to the appellees stating that the house had been completed for five months, he had personally notified them on numerous occasions that it was completed, and had requested that they settle. The letter concluded: “Due to your failure to settle, I now conclude that you have broken your contract, that the contract is void and is no longer in effect.” The appellees testified that they were constantly after Mr. Powers to have the property ready. He first said they would be in by Thanksgiving, and then, they would be in by Christmas, and, again, he promised it to them in January and February.

The house was practically finished sometime between February and March, but the street was not paved, according to the appellees, until the last part of May. The street paving was by an agreement with the City, made only on February 20, and Powers put up his part of the money on March 27. Powers said the street pavement was done in April. The ground rents were not created ²³¹ until March 13, 1951.

The sidewalks were put in in fall, but the winter freeze broke them up, and they were put back in March and April. The sodding of the entire lot, which was part of the vendors’ obligation under the contract, was not done until the spring, April, May or June. The house itself was never completely constructed, although most of the work on it was done by late November or early December, 1950. On June 4, 1951, the appellees filed a bill for specific performance in the Circuit Court of Baltimore City.

After testimony had been taken, the court entered a decree specifically enforcing the contract, and allowing the appellees $187 out of the purchase price to cover certain matters which had not been completed. From that decree, the appeal comes here.