McNALLY v. MOSER

[No. 169, October Term, 1955.]

210 Md. 127 (1956)

122 A.2d 555

McNALLY ET AL. v. MOSER ET UX.

Court of Appeals of Maryland.

Motion for rehearing, filed June 6, 1956.

Denied June 8, 1956.


Attorney(s) appearing for the Case

Clayton A. Dietrich, with whom was Edward F. Borgerding on the brief, for appellants.

Lawrence I. Weisman and David M. Blum, with whom were Nyburg, Goldman & Walter and M. Peter Moser on the brief, for appellees.

The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.


HAMMOND, J., delivered the opinion of the Court.

This is an appeal by lessees, and the guarantors of their obligations under the lease, from a declaratory judgment in favor of the landlords that the lease remained in effect and the rent continued payable month by month, against a defense that the zoning ordinances prohibited the use of the leased premises for the purposes contemplated by the lease.

In 1940, the appellees, Dr. Simon Moser, a chiropractor, and...

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