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Horning v. Hardy
Maryland Court of Special Appeals
373 A.2d 1273 (Md. Spec. App. 1977)
The Hornings (plaintiffs) were developing land and had a house ready for sale on the land. The Hardys (defendants) claimed in good faith that they owned the land and on the morning of the sale of the house, the Hardys’ attorney called and told the parties to the sale that the Hardys had filed suit claiming ownership in the property. The sale was aborted and never finalized as a result of this call. The Hornings brought a counterclaim against the Hardys for injurious falsehood. The trial court ruled that the Hardys could not establish ownership in the land. However, the trial court also concluded that the Hardys had a conditional privilege to bring their suit and that the Hornings could not recover for injurious falsehood. The Hornings appealed.
Rule of Law
Holding and Reasoning (Liss, J.)
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