Opinion
[No. 66, October Term, 1950.]
Decided, per curiam, December 12, 1950.
Appeal from the Circuit Court for Baltimore County (GONTRUM, J.).
Suit by the Suburban Realty Company, Inc., against John Henry Edward Hoerner, devisee of a life estate in trust in the residue of the estate of William Hoerner, deceased, and Anna K. Hoerner, his wife, Ross W. Fitch, executor and trustee under the will of said William Hoerner, deceased, and Frieda B. Fitch, his wife, and Sophia Hoerner, Elizabeth Reichert and Louis Reichert, R. Almira Raab, Henry F. Emmel and Carrie Emmel, Edwin Emmel and Agnes Emmel, Elmer Emmel, Lula Emmel, Lottie Emmel Buettner and Henry Buettner, John Fitch and Elsie Fitch, Florence Babikow and William Babikow, and Edna Foard and John Foard, remaindermen, for the specific performance of a contract in which said William Hoerner, deceased, agreed to sell certain property to plaintiff. From an order sustaining a demurrer to plaintiff's amended and supplemental bill of complaint, with leave to amend within fifteen days, plaintiff appeals.
Appeal dismissed.
The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.
J. Paul Schmidt, with whom were Leonard Weinberg, Weinberg Green, Robert L. Mainen, and James C.L. Anderson on the brief, for the appellant.
The Court declined to hear argument for the appellees.
Jenifer Jenifer and Bowie, Burke Leonard on the brief, for the appellees.
J.E.B.
Decided, per curiam, December 12, 1950.
It is ordered this 12th day of December, 1950, by the Court of Appeals of Maryland that the appeal in the above entitled case be, and the same is hereby dismissed with costs on the authority of Maas v. Maas, 165 Md. 342, 168 A. 607, and Evans v. Shiloh Baptist Church, 196 Md. 543, 77 A.2d 160.