Brady v. Farley
Decision Date | 20 May 1949 |
Docket Number | 161. |
Citation | 66 A.2d 474,193 Md. 255 |
Parties | BRADY v. FARLEY. |
Court | Maryland Court of Appeals |
Appeal from Circuit Court, Baltimore County; John B. Gontrum, Judge.
Suit by Pierre J. Farley against John F. Brady, Jr., for specific performance of a contract for sale of leasehold interest in realty. From a decree in favor of the complainant, the defendant appeals.
Decree affirmed.
Walter B. Siwinski, Baltimore, for appellant.
John A Farley, Jr., Baltimore, for appellee.
Submitted to MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.
The court adopts the opinion of the Chancellor below:
'The 'proposed swimming pool' lot in 1926 was about half covered by an old mill or ice pond, fed by an open stream. Since then it had been continually used for dumping debris until it was filled up. Nothing was ever done or started to make it suitable as a swimming pool location. In 1938 the Kensington Realty Corporation erected thereon, a large building shed. This shed has been partly torn down by the plaintiff in order to erect houses on the lot.
'Three valuable detached brick dwellings have been erected on the proposed swimming pool lot. None of the purchasers of lots in the development has ever objected to the filling up of the lot or the erection of the dwellings. On the contrary, many of the owners in the development have expressed gratification that the lot had been improved. Apparently, it was an eyesore and somewhat of a nuisance.
'There was no clear, present intention to dedicate or restrict the use of the lot of ground in question. The word 'proposed' on the plat and the oral restrictions made to the early purchasers of lots in the Kensington tract merely indicated a prospective or possible intention to restrict the use of the lot to a swimming pool. The whole idea of the swimming pool appears to have been a nebulous, impractical, tentative proposition,--the impractical dream of an optimistic real estate developer.
'In the case of the City of Brownsville v. West et al., Tex.Civ.App., 1941, 149 S.W.2d 1034, 1038, quoted in the complainant's brief, is apparently on all fours with the case at bar. In that case there was a plat with a parcel of land marked 'proposed park.' The plat was recorded and many lots sold with reference to it, but no attempt was made to use the lot as a park. The Court held that:
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County Commissioners of Charles County v. ST. CHARLES ASSOCIATES LTD.
...(Osborne I); Middleton Realty Co. v. Roland Park Civic League, Inc., 197 Md. 87, 93, 78 A.2d 200, 202-03 (1951); Brady v. Farley, 193 Md. 255, 258, 66 A.2d 474, 475 (1949); Norris v. Williams, 189 Md. 73, 76, 54 A.2d 331, 332-33 (1947); Whitmarsh v. Richmond, 179 Md. 523, 527, 20 A.2d 161, ......