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SILVER v. BENSON

[No. 224, September Term, 1961.]

227 Md. 553 (1962)

177 A.2d 898

SILVER AND COOPER, TRUSTEE v. BENSON ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed March 19, 1962.

Denied March 23, 1962.

Attorney(s) appearing for the Case

Samuel Cooper and Daniel N. Silver for appellants.

George W. Della and Hyman Ginsberg, with whom were Ginsberg & Ginsberg on the brief, for appellees.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, HORNEY and MARBURY, JJ.

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

Robert C. Benson, eighty-three years of age, his wife and daughter, Kathryn Benson, were the owners of a tract of land laid out in building lots, which they agreed to sell to Twin Development Company, Inc., for a total price of $28,300. They received down payments totalling $2,500, and at the settlement on May 13, 1959, received two checks from Thomas P. Burgee, President...

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