WOLFE v. LAMAR & WALLACE, INC.

[No. 299, September Term, 1970.]

261 Md. 174 (1971)

274 A.2d 121

WOLFE ET AL., ETC. v. LAMAR & WALLACE, INC.

Court of Appeals of Maryland.

Decided March 3, 1971.


Attorney(s) appearing for the Case

James J. Cromwell, with whom were Courtland K. Townsend, Jr., James L. Baer and Clark & Cromwell on the brief, for appellants.

Robert L. Hillyard, with whom was John F. Hillyard on the brief, for appellee.

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


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

In respect of pleading and practice this record contains a few flirts and flourishes we are content to ignore since the crucial issue concerns the adequacy vel non of the appellee's affidavit of defense. The learned trial judge, Pugh, J., thought it did not measure up. Since we disagree the summary judgment will be vacated and the case will be remanded.

On 10 February 1970 the appellee sued the appellants...

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