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HUDSON BLDG. SUPPLY CO. v. STULMAN

[No. 281, September Term, 1969.]

258 Md. 304 (1970)

265 A.2d 925

HUDSON BUILDING SUPPLY COMPANY, INC. v. STULMAN, ET AL.

Court of Appeals of Maryland.

Decided June 3, 1970.

Attorney(s) appearing for the Case

J.M. Dryden Hall, Jr., and Phillip M. Sutley, with whom were Baldwin, Jarman & Norris on the brief, for appellant.

W. Lee Harrison and John Grason Turnbull, II, for Leonard Stulman, et al., part of appellees.

No brief filed on behalf of George W. Willison, other appellee.

The cause was argued before HAMMOND, C.J., and McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.

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

Judge MacDaniel determined the credibility of various witnesses and, weighing their testimony, decided that Hudson Building Supply Company, Inc., the appellant, was estopped to claim the mechanics' lien on the property of Stulman, appellee, it had sought below to perfect. He said in an opinion filed on August 6, 1969:

"The Court feels that all of the elements and facts of an equitable estoppel are present...

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