option clause (Maryland) · Go Syfert
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option clause in Maryland

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.

Followed or applied (3)

CaseFollowedCited
Associated Acceptance Corp. v. Baileygreen
md · 1961 · cited in 1 Maryland opinions naming this issue, 1988–1988
2 sentences

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).

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).

11
Portnoy v. Browngreen
pa · 1968 · cited in 1 Maryland opinions naming this issue, 1981–1981
1 sentence

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

11
Matter of Loew's Buffalo Theatres, Inc.green
ny · 1922 · cited in 1 Maryland opinions naming this issue, 1946–1946
2 sentences

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.

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.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Ryland Group, Inc. v. Wills green
va · 1985
2 sentences

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.

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.

11989–1989
Sheffield v. Paul T. Stone, Inc. green
cadc · 1938
1 sentence

1981However, 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.

11981–1981
Shayeb v. Holland green
mass · 1947
2 sentences

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

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

11981–1981
Bio-Ramo Drug Co. v. Abrams green
md · 1962
2 sentences

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.

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.

11975–1975
507 Madison Avenue Realty Co. v. Martin green
nyappdiv · 1922
1 sentence

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.

11946–1946

Where else courts name it

TX 29 (1916–2025) NY 27 (1892–2009) CA 22 (1906–2026) IL 13 (1884–2025) MI 11 (1918–2023) MO 10 (1920–2019) FL 10 (1954–2025) PA 10 (1919–2026) WI 8 (1940–1999) CT 7 (1922–2019) GA 7 (1931–2022) MN 6 (1900–2016) MD 6 (1946–1989) NJ 5 (1944–2017) AZ 5 (1966–2013) IA 5 (1992–2016) WA 5 (1951–2015) LA 4 (1975–2008) UT 4 (1996–2022) CO 4 (1980–1989) MA 4 (1967–2007) NC 4 (1919–2024) KS 4 (1904–1958) SC 3 (1987–2021) OH 3 (1920–2015) WY 3 (1977–1989) DC 2 (1984–2022) NH 2 (1978–1983) AR 2 (1918–1951) MT 2 (2000–2022) OR 2 (1910–1953) VA 2 (1929–1949) KY 2 (1942–2015)

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.

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