Takacs v. Doerfler

• Decision Date: 23 July 1946
• Docket Number: 166.
• Citation: 48 A.2d 328,187 Md. 62
• Parties: TAKACS v. DOERFLER.
• Court: Maryland Court of Appeals

48 A.2d 328

187 Md. 62

TAKACS v. DOERFLER.

No. 166.

Court of Appeals of Maryland

July 23, 1946

Appeal from Circuit Court of Baltimore City; Emory H. Niles, Judge.

Bill by Rita Phillips Doerfler, administratrix of the estate of William Vernon Phillips, against Ida A. Takacs for discovery of terms of contract, for an accounting by defendant of moneys received from sale of leasehold property and tavern business of William Vernon Phillips, and to require defendant to pay the plaintiff purchase money received by defendant and for other and further relief. From an order overruling a demurrer to the bill of complaint, the defendant appeals.

Cause remanded.

Joseph Loeffler, of Baltimore (Philip V. Hendelberg, of Baltimore on the brief), for appellant.

Frank J. Schap and Herbert L. Grymes, both of Baltimore, for appellee.

Before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

HENDERSON Judge.

This appeal is from an order of the Circuit Court of Baltimore City overruling a demurrer to a bill of complaint. The bill alleges that by a duly recorded deed dated February 7, 1944 the leasehold premises No. 2700 Elliott Street in Baltimore were conveyed from Straw Man, Inc., to William V. Phillips for life 'with full power and authority * * * at any time or times during his lifetime to sell, lease, mortgage, convey or otherwise dispose of the same, or any part or parts thereof (said power to extend to the selling, leasing, mortgaging, conveying or otherwise disposing of the remainder or remainders as well as his said life estate therein) and from and immediately after the death of the said William V. Phillips, as to so much thereof as shall not have been disposed of by him in execution of the aforesaid power, unto and to the use of Ida A. Takacs, her personal representatives and assigns.' The bill alleges that Phillips owned and operated a tavern in the premises, and that shortly before his death on August 6, 1945, he entered into a contract and sold the leasehold property and the business to Peter Grabowaki and Josephine Grabowski, his wife, and received from the purchasers a deposit of $300 on account of the purchase price of $8,000; that Phillips died before a deed could be executed; that letters of administration were granted on August 13, 1945 to Phillip V. Hendelberg, pursuant to renunciations filed by Ida Takacs and Leo Phillips, sister and brother of the decedent, and that on September 17, 1945, Ida A. Takacs, the remainderman in the deed, executed a deed conveying the property to Grabowski and wife, and received from them the balance of the purchase money, of which $2,500 was turned over to the estate; that on October 17, 1945, upon application of the appellee, the daughter of the decedent and his sole heir and next of kin, the letters of administration granted to Hendelberg were revoked and letters granted to the appellee. The bill prays a discovery of the terms of the contract and an accounting of the moneys received from the sale of the leasehold property and tavern business, that the appellant pay to the appellee the purchase money she received, and for other and further relief.

The appellant contends that her demurrer should have been sustained because the allegations of the bill are indefinite, vague and uncertain, and because the disposal of the property was not completed by the life tenant in his lifetime.

We think there is no merit in these contentions. The bill alleges that the decedent entered into a contract and sold the leasehold property in exercise of the power, and the demurrer admits this to be true. It is not necessary or indeed possible at this atage to pass upon the validity or enforcibility of the contract. It is apparent from the allegations of the bill and the prayer for discovery that a copy of the contract is not in the possession of the complainant; under such circumstances it is not essential that it be...