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6 Maryland opinions name it 2 courts 1946–1989 0 in the last five years
The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Associated Acceptance Corp. v. Baileygreen2 sentences1988Eliminating an option requirement also permits finding that `leases' of goods which are peculiarly susceptible to early functional obsolescence are installment sales if there will be little or no residual value at lease expiration and the lessor recovers the cost of the goods, overhead and profit in the form of rent." [3] Associated Acceptance v. Bailey, 226 Md. 550, 555 , 174 A.2d 440, 443 (1961). 1988Eliminating an option requirement also permits finding that `leases' of goods which are peculiarly susceptible to early functional obsolescence are installment sales if there will be little or no residual value at lease expiration and the lessor recovers the cost of the goods, overhead and profit in the form of rent." [3] Associated Acceptance v. Bailey, 226 Md. 550, 555 , 174 A.2d 440, 443 (1961). | 1 | 1 |
Portnoy v. Browngreen1 sentence1981See Foard v. Snider, supra. In at least one relevant out-of-state case involving the interpretation of the term "current market value,” the Court’s grant of specific performance was based, in part, on a holding that "the law recognizes in the area of enforceability of contracts the maxim, 'id certum est quod certum reddi potest’ (that is certain which can be made certain).” Portnoy v. Brown, supra, 243 A.2d at 447 ; and in Shayeb v. Holland, 321 Mass. 429 , 73 N.E.2d 731 (1947), the court granted specific performance where an option clause to purchase real estate contained no reference whatsoe | 1 | 1 |
Matter of Loew's Buffalo Theatres, Inc.green2 sentences1946Matter of Loew’s Buffalo Theatres, Inc., 233 N. Y. 495, 499, 502 , 135 N. E. 862 ; 507 Madison Avenue Realty Co., Inc., v. Martin, 200 App. Div. 146 , 192 N. Y. 1946Matter of Loew’s Buffalo Theatres, Inc., 233 N. Y. 495, 499, 502 , 135 N. E. 862 ; 507 Madison Avenue Realty Co., Inc., v. Martin, 200 App. Div. 146 , 192 N. Y. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ryland Group, Inc. v. Wills
green
2 sentences1989After initially concluding that the option clause did not violate the Rule Against Perpetuities, the Supreme Court of Virginia also held that, should the purchaser exercise its option, the resulting contract for sale would not violate the Rule. *156 Its analysis was as follows ( 229 Va. at 464-465 , 331 S.E.2d at 402-403 ): “The trial judge further stated that while [the purchaser] would acquire an equitable estate in a lot upon exercise of the option to purchase it, legal title would not vest until delivery of the deed at settlement. 1989After initially concluding that the option clause did not violate the Rule Against Perpetuities, the Supreme Court of Virginia also held that, should the purchaser exercise its option, the resulting contract for sale would not violate the Rule. *156 Its analysis was as follows ( 229 Va. at 464-465 , 331 S.E.2d at 402-403 ): “The trial judge further stated that while [the purchaser] would acquire an equitable estate in a lot upon exercise of the option to purchase it, legal title would not vest until delivery of the deed at settlement. | 1 | 1989–1989 |
Sheffield v. Paul T. Stone, Inc.
green
1 sentence1981However, there must be an election of remedies and, as stated in Sheffield , the injured parties "cannot be permitted to make [the] choice between liquidated and actual damages after they have determined which are the greater; for the intent of the option clause is not to give them that advantage, but to make it unnecessary for them to ascertain actual damages.” Id. | 1 | 1981–1981 |
Shayeb v. Holland
green
2 sentences1981See Foard v. Snider, supra. In at least one relevant out-of-state case involving the interpretation of the term "current market value,” the Court’s grant of specific performance was based, in part, on a holding that "the law recognizes in the area of enforceability of contracts the maxim, 'id certum est quod certum reddi potest’ (that is certain which can be made certain).” Portnoy v. Brown, supra, 243 A.2d at 447 ; and in Shayeb v. Holland, 321 Mass. 429 , 73 N.E.2d 731 (1947), the court granted specific performance where an option clause to purchase real estate contained no reference whatsoe 1981See Foard v. Snider, supra. In at least one relevant out-of-state case involving the interpretation of the term "current market value,” the Court’s grant of specific performance was based, in part, on a holding that "the law recognizes in the area of enforceability of contracts the maxim, 'id certum est quod certum reddi potest’ (that is certain which can be made certain).” Portnoy v. Brown, supra, 243 A.2d at 447 ; and in Shayeb v. Holland, 321 Mass. 429 , 73 N.E.2d 731 (1947), the court granted specific performance where an option clause to purchase real estate contained no reference whatsoe | 1 | 1981–1981 |
Bio-Ramo Drug Co. v. Abrams
green
2 sentences1975The case of Bio-Ramo v. Abrams, 229 Md. 494 , 184 A. 2d 831 , is precisely on point and provides the rules of law governing determination whether there is a waiver of a requirement for written acceptance of an option. 1975The case of Bio-Ramo v. Abrams, 229 Md. 494 , 184 A. 2d 831 , is precisely on point and provides the rules of law governing determination whether there is a waiver of a requirement for written acceptance of an option. | 1 | 1975–1975 |
507 Madison Avenue Realty Co. v. Martin
green
1 sentence1946Matter of Loew’s Buffalo Theatres, Inc., 233 N. Y. 495, 499, 502 , 135 N. E. 862 ; 507 Madison Avenue Realty Co., Inc., v. Martin, 200 App. Div. 146 , 192 N. Y. | 1 | 1946–1946 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.