Sealock v. Hackley

Delaplaine, J., delivered the opinion of the Court. The Circuit Court for Howard County, in a decree for specific performance, adjudged that Thomas M. Sea-lock and his wife, defendants, hold a certain lot of ground ⁵¹ with a right of way in the village of Savage in trust for Ellsworth L. Hackley and his wife, complainants, and ordered them to convey the land to complainants upon payment of the sum of $900, with interest from June 15, 1944. The appeal is from that decree. It appears that Hackley operated a confectionery store on Baltimore Street and a pool room in the rear on a tract of land leased from the heirs of George W. Alcorn, deceased.

On June 29, 1943, Hackley, desiring to purchase the rear portion of the tract, offered to sell his confectionery business to Sealock. He employed a neighbor, Thomas O. King, an attorney with law offices in Washington, to examine the title. The records disclosed that Alcorn had acquired the tract from Rosa W. Kings-bury without obtaining release of the dower interest of her husband, Albert T. Kingsbury. In August, Hackley paid Kingsbury $100 for a deed conveying that interest.

In September, Sealock, accompanied by King, called upon James A. Alcorn, one of eighteen heirs, in Washington and offered $4,000 for the property; but Alcorn explained that they did not have a marketable title, but he had offered to sell their interest to Hackley. King, after acting as attorney for Hackley and Sealock, then agreed to represent the Alcorns. He offered to sell their interest for $3,700, provided that they would allow him a commission of $200. Shortly afterwards Hackley sold his confectionery business to Sealock for $6,000, and it was agreed that Sealock would get the front lot and also another lot, while Hackley would get the rear lot with right of way to the street.

King prepared a deed for the Alcorn heirs with the understanding that, after they conveyed their interest in the entire tract to the Hackleys, the Hackleys would convey two lots therefrom to the Sealocks. In January, 1944, King reported that the eighteen heirs had all executed the deed. Hackley and Sealock, however, asked for delay of several weeks in which to make their arrangements for settlement. When Sealock was ready, ⁵² Hackley requested that a survey be made.

They accordingly employed a surveyor, who made a survey with their help and approval. In March it was agreed that Sealock would pay $2,800, and Hackley $900, thus producing the entire amount of the purchase price. King corroborated Hackley’s testimony that he was to pay only $900. King drafted a deed intended for execution by the Hackleys, reserving a twelve-foot easement to the street.

But Hackley was not satisfied with the deed. He demanded fee-simple title to the right of way, to which Sealock consented. In April a controversy arose over the amount payable by Hackley. It was learned that Kingsbury had died, and hence Hackley’s deed was not needed to obtain a marketable title.

On Saturday night, April 27, 1944, King came to Hackley’s home, and warned him that unless he made immediate payment of $1,100, the heirs would convey the property to the Sealocks. Hackley conferred by phone with his own attorney, who advised him to wait until Monday morning. But King refused to wait; and the same night Alcorn, acting as agent for the heirs, agreed to convey the entire property to the Sealocks for $4,150. It has not been satisfactorily explained why the price was raised from $3,700 to $4,150.

Nevertheless, in the following June the heirs conveyed the property to the Sealocks. Hackley was then notified to vacate the premises, and he replied that he wanted to carry out their agreement. The Sealocks sought to evict, whereupon the Hackley’s brought the instant suit. It is an outstanding fact in this