Md. Court of Special Appeals: Fidelity and Deposit Co. Of Md. V. Gladwynne Construction Co., Et Al.

Summary

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Commercial Law

Duty of payment

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Md. Court of Special Appeals: Fidelity and Deposit Co. Of Md. V. Gladwynne Construction Co., Et Al.

BOTTOM LINE: Circuit court did not err in finding that duty of payment under contract was satisfied by providing the party to whom debt was owed with a check that was never tendered for payment by the payee.

CASE: Fidelity and Deposit Co. of Maryland v. Gladwynne Construction Co., et al., CSA No. 2725, September Term 2007 (filed Feb. 5, 2009) (Judges Salmon, EYLER, D. & Graeff).

FACTS: In circuit court, Fidelity and Deposit Company of Maryland (F&D) sued Gladwynne Construction Company, Wynnewood Enterprises Limited Partnership, and Thomas Behrle, an off...

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