Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1952-07-31

MONTGOMERY COUNTY,
MARYLAND
Sitting as a Court of Equity
M C. SHAPIRO
Gil 18th Street, NV.
Washington 5, D. C.
Plaintiff
THE REAL ESTATE TRUST
COM A NY OF PHILADEL,
PHIA, GEORGE H. EARLE, III,
and RALPH EARLE, Execu-
tors and Trustees under the
Will of George H. Earle, Jr., de-
ceased Go The Real Estate Trust
Company of Philadelphia
18th and SAMSON Streets
Philadelphia, Pennsylvania
Defendants
Equity No. 1892
Order OF Publication
The object of this suit is to re-
form a certain contract for the
purchase Of property in Montgom-
cry County by the Plaintiff from
the Defendants by an abatement
in the purchase price based upon
the difference between the fair
market value of the land contract
ed to be sold and the fair market
value of the land which the De-
PENDANTS are in position to con-
vey; to enjoin the Defendants from
selling or conveying or contracting
to sell or convey the land or any
part thereof; and for specific
performance of the contract as
reformed; and for general relief.
The Bill of Complaint states in
substance that the Plaintiff is a
resident of the District of Column
bia and the Defendants are execu-
tors and trustees under the Will
of George H. Earle, Jr., the cor
porate Defendant being a Penn
sylvania corporation and the in
dividual Defendants residing in
the City of Philadelphia; that the
Plaintiff on the first day of De-
cember, 1850, contracted to pur-
chase certain land in Montgomery
County, Maryland, owned by the
Defendants which land is shown
upon a plat attached to said con-
tract and filed with the Bill; that
said plat shows Parcel Seven (1
fronting on Georgia Avenue and
contiguous to other parcels in the
whole tract affording access to said
tract from Georgia Avenue; that
examination of title and survey of
said property revealed that De-
PENDANTS did not own said land
known as Parcel Seven and that
said whole tract therefore was not
accessible from Georgia Avenue;
that upon discovering these facts
the Plaintiff requested Defendants
to adjust the purchase price to
reflect the difference in value of
the remaining land with out
Georgia Avenue frontage which
the Defendants refused to do; that
the Defendants knew that access
to Georgia Avenue was a vital
part of Plaintiffs plan for devel-
opment of the land under con-
tract; that the difference in value
between the land the Defendants
can convey and the land they con-
tracted to convey is Seventy-Five
Thousand Dollars ($75,OO0.00);
that relying upon the representa-
tons of ownership of the Defend
ants the Plaintiff has expended
large sums of money and obligated
himself by contract for develop
ment of said land; that the Plain
tiff is willing to accept title to the
remainder of the Defendants land
provided the contract price is re-
duced as aforesaid; that the Plain
tiff is informed and believes that
the Defendants knew or should
have known that they did not own
land fronting on Georgia Avenue
and induced the Plaintiff to enter
into said contract and to pay
higher price than the fair market
value of said tract without access
to Georgia Avenue by means of
such representation; and that the
Plaintiff believes that the Defend
ants may forfeit his deposit and
place said property on the market
for sale to other persons unless
enjoined by the Circuit Court for
Montgomery County.
1t is thereupon, this 1st day of
July, 1852, by the Circuit Court
for Montgomery County, Maryland,
ordered that the Plaintiff, by
causing copy Of this order to be
inserted in some newspaper pub
lished in Montgomery County,
Maryland, once in each of four
successive weeks before the 4th
day Of August, 1852, giving notice
to the said nonresident Defend
ants, The Real Estate Trust Com
pany Of Philadelphia, George H.
Earle III, and Ralph Earle, ex-
ecutors. and trustees under the
viii Of George H. Earle, Jr., de-
ceased, of the object and substance
of this Bill Of Complaint, and