John Hancock Mutual Life Insurance Company v. Fidelity-Baltimore National Bank Trust Company, 212 Md. 506, 511, 129 A.2d 815, 819 (1957). An employment contract in Globe Slicing Machine Company v. Murphy, 161 Md. 667, 158 A. 26 (1932) provided that its validity, construction, interpretation or performance should be governed by the laws of New York. The defendant employer argued that the plaintiff's case failed for lack of proof of New York law.
Judge Hammond paraphrased the general rule in the Court's opinion: "It is a familiar principle often applied in the cases that `* * * the laws which subsist at the time and place of making a contract enter into and form a part of it, as if they were expressly referred to or incorporated in its terms; and this rule embraces alike those which affect its validity, construction, discharge and enforcement.' Brown v. Smart, 69 Md. 320, 330; Globe Slicing Machine Co., Inc. v. Murphy, 161 Md. 667, 671. It is not necessary to determine how far this broad statement would be applicable and controlling in various contexts and situations. See 3 Corbin, Contracts, Sec. 551.
4 of Art. 59 of the Code of 1939 necessarily had a bearing on the agreement, they too must be read into and become a part of any agreement made under the provisions of the statute. Globe Slicing Machine Co. v. Murphy, 161 Md. 667, 158 A. 26 (1932) [general rule is that subsisting laws enter into and form part of contract as if expressly referred to or incorporated in terms, and this rule embraces alike those which affect its validity, construction, discharge and enforcement], cited in Griffith v. Scheungrab, 219 Md. 27, 146 A.2d 864 (1958). Here, there was a statutory provision that the agreement was subject to modification and change from time to time.
" Since Col. Griffith had not been shown any appraisal before he signed the contract, under the law the FHA mortgage could not have been obtained without the amendment to the contract; and Mrs. Scheungrab clearly would not be entitled to specific performance of the original contract under its own terms. It is a familiar principle often applied in the cases that "* * * the laws which subsist at the time and place of making a contract enter into and form a part of it, as if they were expressly referred to or incorporated in its terms; and this rule embraces alike those which affect its validity, construction, discharge, and enforcement." Brown v. Smart, 69 Md. 320, 330; Globe Slicing Machine Co., Inc. v. Murphy, 161 Md. 667, 671. It is not necessary to determine how far this broad statement would be applicable and controlling in various contexts and situations. See 3 Corbin, Contracts, Sec. 551. Here the contract of the parties left no doubt that they contemplated compliance by both with the pertinent requirements of the FHA as to mortgage guarantees of loans to servicemen.
The defendants contend that requirements of the Speedy Judgment Act have not been complied with. After pleas filed, issue joined, trial, verdict and judgment on the merits, noncompliance with such requirements is immaterial ( Globe Slicing Machine Co., Inc. v. Murphy, 161 Md. 667, 674, 158 A. 26), except as affecting the legality of the counsel fee allowed under the act. Lansburgh v. M.P. Howlett Fish Oyster Co., 153 Md. 312, 319-320, 138 A. 269.
"The express adoption of the foreign law by the parties has the same effect as adoption by rule of law." Citing Globe Slicing Machine Co. v. Murphy, 161 Md. 667, 158 A., 26, 28. "Where persons residing in different states contract, they can select laws of either state to govern it."
The grantor must be held to have known that the county commissioners could not covenant against the exercise of the police power or of its discretionary power to change, alter or close, whenever the proper occasion arose, the highway in accordance with the public welfare, safety or convenience. Niland v. Bowron, 193 N.Y. 180, 85 N.E. 1012; Globe Slicing Machine Co., Inc., v. Murphy, 161 Md. 667, 671, 672, 158 A. 26; Williston on Contracts (Revd. Ed.), secs. 615, 626.
It is familiar principle often applied in the cases that" * * * the laws which subsist at the time and place of making a contract enter into and form a part of it, as if they were expressly referred to or incorporated in its terms; and this rule embraces alike those which affect its validity, construction, discharge, and enforcement." Brown v. Smart, 69 Md. 320, 330, [14 A. 468]; Globe Slicing Machine Co., Inc. v. Murphy, 161 Md. 667, 671, 158 A. 26. The Court of Appeals has on numerous occasions applied the principle of contract law that reads into agreements all existing and applicable laws and regulations.
One such interpretation of the provision requires only new contracts to be in writing, and does not disturb the enforceability of contracts previously formed or renewals thereof. The appellate courts of this State have consistently repeated the general rule, stated in Globe Slicing Machine Co. v. Murphy, 161 Md. 667, 158 A. 26 (1932), that subsisting laws enter into and form part of the contract as if expressly referred to or incorporated in its terms, including those laws which affect the contract's validity, construction, discharge, and enforcement. McQuillin is equally emphatic on this point: