Montgomery County sentinel., 1951-06-21
NO. 15341 EQUITY
ORDER OF
PUBLICATION


to have declared a certain lease
from plaintiffs, Erwin T. letter and
Rita V. letter to Samuel Barasch,
defendant, null and void; lease
from the said letters to Joe T.
Huffman in full force and effect;
to authorize Joe T. Huffman to re-
lease chattel mortgage and cancel
the promissory note, each being
from Samuel Barasch to said Huff
man; to declare a contract between
said Huffman and the defendant
preached by the defendant, or, al
Tentatively, declared null and void;
to declare a Bill of Sale from
Barasch to Huffman null and void,
and for general relief.
The Bill of Complaint alleges
that since April 8, 1949, plaintiff
Huffman leased from the owners,
plaintiffs letter, 1850 Kensington-'
Wheaton Road, Montgomery
County, Maryland, and operated
there a restaurant business; that
on June 6, 1850, Huffman agreed
to sell said business to defendant,
Samuel Barasch for $7500.00; that
on June 10, $780,. defendant ex-
ecuted a chattel mortgage and
promissory note and gave a check
for S4066.0O in payment for the
balance due on said business; that
in reliance upon the representations
Of Samuel Barasch, said Huffman
did execute all papers necessary to
complete said sale of said business,
and on June II, 1850, delivered
possession to defendant; that said
plaintiffs, letter, also relying upon
representations of defendant, ex-
ecuted lease to him on June 13,
1860. That prior to the effective
date of said last mentioned lease,
to wit, July /, 1850, the said
Barasch did abandon said business
which he operated from June II,
1850, to June 27, 1850, when de-
fendant returned the keys and de-
clared his contract with Huffman
null and void; that the check afOre-
said has never been paid; that
Huffman, with the consent of
plaintiffs, letter, re-entered to
preserve said business, and has
paid rent in accordance with his
original lease. That Huffman re-
celved from Barasch deposit of
S1,OOO.O0 on account of said sale
but, as a result of said abandon
ment, Huffman was damaged far
in excess of said 100000 is will
ing to pay into Court any amount
necessary to do equity to said nom
resident defendant, whose last
known whereabouts were Brooklyn,
New York.
That no payment has been made
by Barasch to plaintiffs, letter,
under his lease, nor to Huffman on
account of said promissory note
and chattel mortgage; that said
lease to Barasch constitutes cloud
upon the letters title and upon
title to the business of said Huff
man unless the said Barasch be
determined to have no interest in
said business or premises.
1t is thereupon, this 14th day of
June, 1851, by the Circuit Court
for Montgomery County, sitting as
a Court of Equity, ORDERED |
that the plaintiffs cause a copy of
this Order to be inserted in some
newspaper printed and published in
Montgomery County once in each
of four successive weeks before the
23rd day of July, 1851, giving
notice to said absent and non
resident defendant of the object
and substance of this Bill, warning
him to be and appear in this Court |
in person, or by solicitor, on or
before the 10th day of August,
1851, to show cause, # any he may
have, why a decree ought not TO be
passed herein as prayed.
CLAYTON X. WATKINS,
Clerk of the Circuit Court for
Montgomery County.
True Copy-Test:
CLAYTON X. WATKINS,