Opinion

Hammond v. Lyon Realty Co.

  • 163 Md. 442
  • 163 A. 480
  • 1932 Md. LEXIS 55
Court
Court of Appeals of Maryland
Filed
Nov 30, 1932
Status
Published
On the bench
Boxd, Ukxek, Oeeutt, Digges, Pabke, Sloax
Cited by
14 cases
Authority
More cited than 80.7%

A defendant “who bargains in a matter of advantage with a [plaintiff] placing confidence in [the defendant], is bound to show that a reasonable use has been made of that confidence; a rule applying equally to all persons standing in confidential relations with each other. If no such proof is established, courts of equity treat the case as one of constructive fraud.” (Citations and internal quotation marks omitted)

How later courts described this case

  • A defendant “who bargains in a matter of advantage with a [plaintiff] placing confidence in [the defendant], is bound to show that a reasonable use has been made of that confidence; a rule applying equally to all persons standing in confidential relations with each other. If no such proof is established, courts of equity treat the case as one of constructive fraud.” (Citations and internal quotation marks omitted)

Written by the judges who cited it.

The opinion

A majority of the judges of the court have reached the conclusion that the orders appealed from in these cases must be affirmed, but there is no majority in agreement on any of the grounds leading to that conclusion; the orders must therefore be, and they are hereby, affirmed without an opinion for the court as a whole.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.