[DOWNLOAD] "Horning v. Ferguson" by District of Columbia Court of Appeals. " Book PDF Kindle ePub Free

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eBook details

• Title: Horning v. Ferguson
• Author : District of Columbia Court of Appeals.
• Release Date : January 07, 1947
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

CLAGETT, Associate Judge. This is an action brought by appellee, plaintiff below, against appellant arising out of a contract
for the sale of defendant's former residence in Kenwood, Montgomery County, Maryland. The controversy involves a narrow strip
of land which defendant did not own but which plaintiff claims was represented to him as being part of the property. The trial
court, sitting without a jury, awarded plaintiff damages of $2,500. Defendant appeals. At the time of the sale to plaintiff, defendant owned a lot having a frontage of 150 feet and a depth of over 135 feet, improved
by a large house landscaped in terraces and planted with trees and shrubbery. Subsequent to his original purchase of this
property, defendant had contracted to purchase a strip of land 30 feet wide adjoining the west boundary of his property, and
had built on the strip a lily pool and other landscaping improvements, including a flagstone walk connecting the strip with
the main lot and also shrubbery which bordered the strip in such a way as to indicate to an average person that the strip
was a part of defendant's lot. Defendant later obtained a release from his contract to buy the small strip, but he was permitted
to retain its use together with the lily pool, landscaping and shrubbery.

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